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OHIO 

INTERROGATION 
POINTS 

J.    W.   TANNEHILL 


ISSUED,  1917 
VIC.    DONAHEY 

AUDITOR  OF  STATE 


OHIO 

INTERROGATION 

POINTS 


PREPARED    BY 


J.  W.   TANNEHILL 

Statistician,  Auditor  of  State's  Office 


For  the  use  of  Ohio  High  Schools  and  Colleges 

and  to  increase  interest  among  voters  and 

others  in  the  Government  of  the 

Buckeye  State 


PUBLISHED    FOR    FREE     DISTRIBUTION 

VIC  DONAHEY 

Auditor  of  State 


Fifth  Edition  —  Thirtieth  Thousand. 


Columbus,  Ohio: 

The  F.  J.  Heer  Printing  Co. 

1917 

Bound  at  the  State  Bindery. 


43 


FOREWORD, 


The  purposes  for  which  the  "Ohio  Interrogation  Points"  were  in- 
serted in  the  Auditor  of  State's  report  for  1914  have  been  realized,  even 
beyond  our  expectations.  Auditor  of  State,  A.  V.  Donahey,  in  his  efforts 
to  improve  the  fiscal  system  of  the  state  and  eliminate  illegal  expend- 
itures and  unnecessary  governmental  functions,  is  realizing  more  and 
more  that  to  attain  completely  his  ideal  in  the  public  service  he  must 
have  the  approval  and  assistance  of  all  good  citizens,  and  such  support 
cannot  be  most  effectively  rendered  so  long  as  interest  in  the  history  and 
government  of  the  state  is  not  general  or  such  information  is  not 
within  the  reach  of  the  masses. 

The  "Ohio  Interrogation  Points"  is  the  first  brief,  comprehensive 
list  of  questions  on  Ohio's  constitution,  laws  and  past  history  ever  pub- 
lished. The  hundreds  of  requests  for  a  pamphlet  of  answers  which  we 
have  received  from  every  section  of  Ohio  demonstrate  two  facts :  first, 
that  there  is  a  general  desire  for  such  definite,  condensed  and  accurate 
data  on  Ohio ;  second,  that  such  information  is  not  at  present  available  to 
ninety-nine  per  cent,  of  the  citizens  of  the  state. 

It  is  with  regret  and  astonishment  that  we  have  found  that,  with  rare 
exceptions,  the  high  school  libraries  of  Ohio  are  practically  valueless  as 
an  aid  to  intelligent  study  by  advanced  pupils  of  state  history  and  govern- 
ment. Most  of  such  libraries  are  largely  made  up  of  absolutely  worthless, 
detrimental,  and  often  pernicious  fiction. 

To  satisfy  the  general  demand  and  meet  the  evident  need,  the  present 
brief  publication  has  been  prepared.  It  contains  in  condensed  form  a 
wide  range  of  important  facts  that  every  high  school  pupil,  college  student 
and  voter  of  the  state  should  possess.  At  a  cost  to  the  state  of  a  few 
cents,  this  pamphlet  furnishes  Buckeye  historical  and  governmental  in- 
formation that  cannot  be  made  available  in  a  school  or  college  library 
by  the  expenditure  of  one  hundred  dollars  for  reference  works.  Some 
of  this  matter  cannot  be  found  even  in  the  State  Library. 

If  additional  facts  or  information  more  in  detail  is  desired,  we  refer 
the  reader  to  the  following  reference  works : 

Randall  &  Ryan's  History  of  Ohio. 

Ohio  Archaeological  and  Historical  Society  Publications. 
Howe's  Historical  Collections  of  Ohio. 
St:  Clair  papers. 
Hildreth's  Pioneer  History. 
Hildreth's  Biographical  Memoirs  of  Pioneers. 
(3) 

G 76784 


4  FOREWORD 

J.  W.  Taylor's  Early  Ohio  History. 

Atwater's  History  of  Ohio. 

Chase's  Statutes  of  Ohio. 

Hinsdale's  The  Old  Northwest. 

Parkman's  Conspiracy  of  Pontiac. 

Winsor's  The  Westward  Movement. 

Burnet's  Notes  on  Settlement  of  Northwest  Territory. 

Roosevelt's  Winning  of  the  West. 

John  S.  C.  Abbott's  History  of  Ohio. 

Knight's  Land  Grants  for  Education. 

J.  W.  Taylor's  Ohio  School  System. 

King's  History  of  Ohio. 

Siebert's  Government  of  Ohio. 

Bogart's  Financial  History  of  Ohio. 

Galbreath's  Constitutional  Conventions  of  Ohio. 

Patterson's  The  Constitutions  of  Ohio. 

Hulbert's  The  Old  National  Road. 

Black's  The  Story  of  Ohio. 

Howell's  Stories  of  Ohio. 

Venable's  Tales  from  Ohio  History. 

Pearson  and  Harlor's  Ohio  History  Sketches. 

W.  A.  Taylor's  Ohio  Statesmen. 

MartzolfF s  The  Zane  Trace. 

Reid's  Ohio  in  the  Civil  War. 

The  author  is.  indebted  for  invaluable  assistance  in  the  preparation  of 
the  answers  to  Hon.  C.  B.  Galbreath,  State  Librarian,  Hon.  E.  O. 
Randall,  Secretary  of  the  Ohio  Archaeological  and  Historical  Society,  and 
Judge  George  B.  Okey  of  Columbus. 

We  trust  that  this  brief  handbook  on  Ohio  will  prove  of  some  ser- 
vice to  the  voters  and  prospective  voters  of  the  state,  and  we  thank  all  for 
the  interest  shown  and  the  encouragement  extended. 

J.  W.  T. 


OHIO  INTERROGATION  POINTS. 


1.     When,  where  and  by  whom  was  the  plan  of  government  of  the  North- 
west Territory  written  and  adopted?     Who  was  president  of  the  body? 

The  Ordinance  of  1787  for  the  government  of  the  Northwest  Territory 
was  the  last  notable  act  of  the  Congress  of  the  Confederacy  of  the  thirteen 
original  states  then  in  session  in  New  York.  It  was  passed  July  13,  1787,  or 
two  months  after  the  convention  that  framed  the  Federal  Constitution  had 
convened  at  Philadelphia.  General  Arthur  St.  Clair  of  Pennsylvania  was 
president  of  Congress. 

Like  many  famous  documents  of  the  past,  its  authorship  is  uncertain 
and  in  dispute.  Four  names  are  mentioned  by  various  historians  as  probable 
authors  —  Thomas  Jefferson,  of  Virginia,  and  Nathan  Dane,  Rufus  King  and 
Manasseh  Cutler,  all  of  Massachusetts.  The  facts  seem  to  be  that  the  ideas 
largely  originated  with  Jefferson  and  that  the  language  is  chiefly  the  work 
of  Nathan  Dane. 

Jefferson,  as  the  chairman  of  a  committee,  made  a  report  to  congress 
in  1784,  submitting  a  plan  of  government  for  the  entire  territory  between  the 
Alleghenies  and  the  Mississippi  and  from  Florida  to  the  Canadian  boundary, 
by  which  slavery  was  forever  prohibited  after  the  year  1800.  This  feature 
was  eliminated  by  congress.  Had  the  counsels  of  Jefferson  prevailed,  there 
is  no  doubt  the  Civil  War  would  have  been  prevented.  When  the  Ordinance 
of  1787  was  written  Jefferson  was  in  France,  but  his  ideas,  including  the 
prohibition  of  slavery  and  secession,  were  incorporated  with  other  matter  in 
the  new  act  by  Nathan  Dane.  The  clause  in  relation  to  slavery  was  included 
at  the  suggestion  of  Rufus  King  and  the  educational  and  religious  features 
were  added  by  request  of  Manasseh  Cutler. 

2.     What  were  the   most  objectionable  features  of  this  famous  ordinance? 

The  ordinance  of  1787  is  a  masterpiece  of  statesmanship  and  was  the 
model  of  all  subsequent  provisions  for  the  establishment  of  a  settled  govern- 
ment in  a  new  territory.  Antedating  the  Federal  Constitution,  it  proclaims 
certain  basic  principles  of  a  Republican  form  of  government  never  previously 
enunciated.  That  thirteen  sovereign  states  in  which  slaves  were  held  in  all 
but  Massachusetts  should  prohibit  that  institution  in  territory  under  their 
absolute  control  was  unique  in  the  world's  history.  The  declarations  for  ' 
education  and  religious   freedom  mark  a  new  era  in  civilization. 

But,  with  all  its  commendable  features,  it  had  its  defects.  It  assured 
property  rights  to  all  who  came  to  the  Northwest  Territory,  but  so  long 
as  it  remained  a  territory,  representative  government  was  impossible.  The 
granting  of  an  absolute  veto  power  over  all  legislation  to  Governor  St. 
Clair  was  a  serious  mistake,  and  his  unwise  use  of  this  prerogative  produced 
such  bitter  opposition  among  a  majority  of  citizens  that  respect  for  authority, 
the  basis  of  all  good  government,  was  impossible.  The  recognition  of 
property  as  a  necessary  qualification,  not  only  to  hold  office,  but  also  to  vote, 
was  unnecessary,  unwise  and  un-American.  It  provided  that  the  governor 
must  own  1000  acres  in  the  territory,  the  secretary  and  the  three  judges 
500  each,  the  five  members  of  the  legislative  council,  or  upper  house,  500 
(5) 


OHIO  INTERROGATION  POINTS. 

acres  each,  members  of  the  lower  house  200  acres  each,  while  free  males  (M 
voting  age  with  less  than  50  acres  of  land  were  disfranchised. 

3.  Were  slaves  ever  held  by  whites  in  the-  region  formed  into  the  North- 
west Territory? 

The  Ordinance  of  1787,  Article  VI,  declares  "There  shall  be  neither 
slavery  nor  involuntary  servitude  in  the  Northwest  Territory  otherwise  than 
in  the  punishment  of  crimes."  That  prohibition  does  not  always  prohibit 
was  never  more  strikingly  demonstrated  than  in  the  observance  of  this 
mandate  of  that  famous  ordinance.  Not  only  did  slavery  continue  to  exist 
for  many  years  under  the  ordinance,  but  this  open  disregard  of  the  organic 
law  of  the  Northwest  Territory  was  acquiesced  in  by  governors,  legislative 
assemblies,  the  courts,  and  even  the  national  government. 

The  French  settlers  at  Detroit,  Vincennes,  and  throughout  Illinois, 
Michigan  and  Indiana  had  held  slaves  for  many  years  prior  to  1787.  When 
the  Ordinance  was  adopted  a  delegation  from  Vincennes  called  upon  Governor 
St.  Clair  and  were  told  that  it  did  not  free  slaves  then  held.  When  this 
region  was  ceded  by  France  to  England  in  1763  the  French  settlers  were 
guaranteed  their  rights  to  continue  holding  slaves,  and  Jay's  treaty  with 
England  in  1794  pledged  the  United  States  not  to  interfere  with  the  property 
of  English  settlers,  including  their  slaves.  The  first  Illinois  state  constitution 
recognized  slavery  as  existing  and  permitted  those  holding  slaves  to  retain 
them  in  servitude,  and  this  constitution  was  approved  by  the  U.  S.  Con- 
gress. Indiana  sought  repeatedly  to  have  the  anti-slavery  clause  of  the 
Ordinance  of  1787  abrogated,  and  Governor  William  Henry  Harrison  (after- 
ward president)  was  the  leader  of  this  movement  to  introduce  slavery  into 
Indiana. 

Ohio  came  nearer  obeying  this  article  prohibiting  slavery  than  any 
other  division  of  the  Northwest  Territory,  but  it  was  far  from  being  "free 
territory".  In  the  constitutional  convention  of  1802  a  proposiion  to  permit 
a  modified  form  of  slavery  in  Ohio  was  defeated  by  only  one  vote.  But  after 
adopting  a  state  constitution  prohibiting  slavery,  the  state  legislature,  in 
1807,  passed  a  law  requiring  that  free  negroes  entering  the  state,  who  could 
not  give  bond  of  $500.00  not  to  become  a  public  charge,  should  have  their 
services  sold  to  the  highest  bidder.  In  many  parts  of  Ohio,  especially 
in  the  Virginia  Military  District,  settlers  ifrom  slave  states  brought  their 
slaves  with  them  and  for  years  enjoyed  the  fruits  of  their  labors  without 
giving  the  blacks  any  compensation  whatsoever.  A  colored  man  during  the 
first  quarter  century. of  Ohio  statehood  had  no  more  show  for  actual  freedom 
and  equality  before  the  law  than  a  rabbit. 

Illinois,  by  the  census  of  18*20,  had  slaves  in  every  county  but  two. 
There  were  still  746  slaves  in  Illinois  by  the  census  of  1830,  and  slavery  was 
to  be  found  in  that  state  in  a  few  counties  as  late  as  1847,  or  60  years  after 
the  adoption  of  the  Ordinance  of  1787. 

4.  Who  was  governor  of  the  Northwest  Territory?  Where  was  the  capital 
located?  Who  was  the  first  territorial  representative  in  congress?  Name 
twelve  forts  erected  on  Ohio  soil  as  defenses  against  the  Indians? 

General  Arthur  St.  Clair  was  appointed  governor  of  the  Northwest 
Territory  by  congress.  The  fact  that  he  was  president  of  congress  at  the 
time,  in  connection  with  certain  suspicious  circumstances  surrounding  the 
sale  of  lands  by  congress  to  the  Ohio  Company,  casts  an  unfortunate  stigma 
on  the  appointment.     He  was  chosen  on  October  5,  1787,  and  served  until 


OHIO  INTERROGATION  POINTS.  7 

removed  from  office  by  President  Jefferson  November  12,  1802.  No  suc- 
cessor was  appointed,  the  vacancy  being  filled  by  Secretary  Charles  Willing 
Byrd  until  Ohio  was  admitted  as  a  state. 

Marietta  was  settled  by  General  Putnam  and  other  citizens  of  New 
England.  The  Mayflower,  with  48  on  board,  landed  at  the  mouth  of  the 
Muskingum  April  7,  1788.  Governor  St.  Clair  arrived  July  9th,  and  Marietta 
became  the  first  seat  of  government.  St.  Clair  later  resided  at  Cincinnati. 
The  territory  had  no  fixed  capital.  Laws  were  enacted  first  at  Marietta  and 
later  at  Cincinnati,  Vincennes  and  Chillicothe. 

William  Henry  Harrison  was  chosen  in  1799  by  the  first  territorial  leg- 
islature as  the  first  delegate  to  congress  from  the  Northwest  Territory.  He 
received  11  votes  to  10  cast  for  Arthur  St.  Clair.,  Jr.,  the  son  of  Governor 
St.  Clair.  The  latter  had  been  appointed  by  his  father  Attorney  General  of 
the  Territory. 

Of  some  twenty-seven  or  more  forts  established  at  various  places  in 
Ohio  in  pioneer  days,  the  following  were  the  most  noted: 

Ft.  Miami  in  Lucas  county,  the  first  fort  in  Ohio,  was  built  by  the 
French  under  Frontenac  in  1680.  It  was  later  occupied  by  the  English  and 
was  the  last  fort  held  by  the  English  on  Ohio  soil  after  the  Revolution, 
being  evacuated  in  1796. 

Ft.  Laurens,  the  first  U.  S.  fort  in  Ohio,  was  erected  by  Mcintosh  in 
Tuscarawas  county  in  1778. 

Ft.  Harmar  at  Marietta  was  built  by  Major  John  Doughty,  a  subordi- 
nate of  General  Harmar,  in  1785. 

Ft.  Washington  at  Cincinnati  was  built  by  Doughty  in  1789. 

Ft.  Steuben  at  Steubenville  was  built  in  1789. 

Ft.  Hamilton  in  Butler  county  was  built  by  Gov.  St.  Clair  in  1791. 

Ft.  Jefferson  in  Darke  county  was  built  by  Governor  St.  Clair  in  1791. 

Ft.  Greenville  in  Darke  county  was  built  by  General  Wayne  in  1793. 

Ft.  Recovery  in  Mercer  county,  on  the  site  of  St.  Clair's  disastrous 
defeat,  was  built  by  General  Wayne  in  1793. 

Ft.  Defiance  in  Defiance  county  was  erected  by  General  Wayne  in  1794. 

Ft.  Loramie  in  Shelby  county  was  a  trading  post  as  early  as  1750,  and 
was  destroyed  by  General  George  Rogers  Clark  in  1782.  A  fort  was  erected 
at  this  point  by  General  Wayne  in  1794. 

Ft.  Amanda  in  Allen  county,  was  built  by  General  Harrison  in  1812. 

Ft.  Meigs  in  Wood  county,  was  built  by  General  Harrison  during  the 
winter  of  1812-1813. 

Ft.  Stephenson,  at  Fremont,  was  erected  during  the  war  of  1812. 

What  population  was  required  to  entitle  the  territory  to  a  legislative 
assembly?     When  was  the  first  election  held? 

The  Ordinance  of  1787  stipulated  that  when  the  population  of  the 
territory  included  five  thousand  free  male  inhabitants  of  full  age,  the  district 
should  receive  authority  to  elect  representatives  to  a  general  assembly.  The 
first  election  was  held  on  the  third  Monday  of  December,  1798,  when  22 
members  of  the  lower  house  were  chosen.  These  met  at  Cincinnati  and 
submitted  a  list  of  ten  names  from  which  President  Adams  selected  five  to 
constitute  a  council,  or  upper  house. 

Who  made  the  laws  previous  to  this  date?  What  name  was  given  to 
the  first  code  of  laws? 

Previous  to  the  legislative  assembly  in  1799,  the  laws  were  made  by 
Governor  St.  Clair  and  the  three  territorial  judges.    These  laws  were  taken 


OHIO  INTERROGATION  POINTS. 

largely  from  the  laws  of  the  states,  Pennsylvania  laws  predominating.  The 
first  of  these  early  laws  printed  in  the  territory  were  printed  by  William 
Maxwell,  of  Cincinnati,  in  1796,  and  were  known  as  the  Maxwell  Code. 
This,  is  said  to  have  been  the  first  book  printed  in  Ohio.  Maxwell  also 
printed  the  first  newspaper  issued  in  Ohio,  the  "Centinel  of  the  Northwest 
Territory."  The  first  copy  appeared  November  9,  1793.  The  oldest  paper 
now  published  in  Ohio  is  the  Scioto  Gazette,  of  Chillicothe,  which  was 
founded  not  later  than  1800,  and    probably  in  1796. 

Into  how  many  states  could  the  Northwest  Territory  be  divided?  What 
population  was  required  to  entitle  a  subdivision  to  admission  to  the 
union?     Did  Ohio  have  the  required  population  when  admitted? 

Congress  reserved  the  authority  to  create  not  less  than. three  nor  more 
than  five  states  from  the  Northwest  Territory.  Article  V  of  the  Ordinance 
describes  in  general  terms  the  boundaries  of  these  proposed  states,  but  slight 
changes  in  the  boundaries  were  made  later  when  the  states  were  admitted. 
The  restriction  to  five  was  not  followed  to  the  letter,  as  part  of  the  Northwest 
Territory  is  included  in  the  limits  of  Minnesota. 

A  population  of  60,000  in  any  of  the  proposed  divisions  of  the  North- 
west Territory  entitled  that  subdivision  to  admission  to  the  Union  as  a  state. 

Ohio  did  not  have  the  required  population  when  admitted.  The  popula- 
tion in  1800  of  Ohio  and  part  of  .Michigan,  as  shown  by  the  census,  was 
45,365.  The  population  of  Ohio  in  1803  was  estimated  at  47,981,  but  probably 
exceeded  this  total.  That  the  population  was  increasing  rapidly  is  shown 
by  the  fact  that  the  census  of  1810  showed  a  total  population  of  230,760. 

What  caused  the  great  unpopularity  of  Governor  Arthur  St.  Clair? 
Name  six  noted  leaders  of  the  opposition  to  St.  Clair  and  three  leading 
supporters. 

Governor  Arthur  St.  Clair  was  a  gallant  commander  in  the  Revolution, 
and  his  generous  contribution  of  time  and  means  to  the  cause  of  independence 
reduced  him  to  penury.  His  appointment  as  Governor  of  the  Northwest 
Territory  was  unfortunate,  both  to  himself  and  to  the  territory.  His  military 
training  had  not  fitted  him  for  the  important  duties  of  his  new  position.  St. 
Clair  was  a  graduate  of  the  University  of  Edinburgh  and  aristocratic  man- 
ners and  imperious  methods  were  not  popular  in  a  backwoods  community. 
His  exercise  of  the  veto  power  and  the  lack  of  wisdom  in  many  of  his 
appointments  ruined  his  usefulness  and  rendered  him  obnoxious  to  the  liberty- 
loving  citizens  of  the  new  territory. 

His  chief  opponents  were  Edward  Tiffin,  Nathaniel  Massie,  Thomas 
Worthington,  Jeremiah  Morrow,  Return  Jonathan  Meigs,  John  Cleve 
Symmes,  Thomas  Kirker  and  William  Creighton.  His  most  prominent  sup- 
porters were  General  Rufus  Putnam,  Judge  Jacob  Burnet  and  Ephraim 
Cutler.     This  was  the  first  great  political  contest  in  Ohio. 

Were  county,  township  and  village  officers  elective  under  territorial 
government? 

The  Ordinance  of  1787  gave  Governor  St.  Clair  authority  to  appoint 
civil  officers  of  counties,  townships  and  towns.  This  was  another  of  the  very 
serious  defects  of  that  ordinance.  His  arbitrary  erection  of  new  counties 
without  consulting  the  legislative  assembly  caused  resentment  and  resulted 
in  a  bitter  controversy  with  the  chosen  representatives  of  the  people. 


OHIO  INTERROGATION  POINTS.  9 

10.  Give  the  place  where  held,  the  date,  length  of  session  and  number  of 
members  of  Ohio's  first  constitutional  convention.  Was  this  constitu- 
tion submitted  to  the  people  for  ratification?  Give  the  exact  date  when 
Ohio  became  a  state. 

The  first  constitutional  convention  consisted  of  35  members  and  met  at 
Chillicothe  November  1,  1802,  and  completed  its  labors  on  November  29th, 
being  in  actual  session  but  25  days.  Several  men  of  marked  ability  were 
members.  Some  of  the  most  noted  were:  Putnam  and  Cutler,  of  Wash- 
ington ;  Tiffin,  Worthington  and  Massie,  of  Ross ;  Byrd,  Morrow  and  Smith, 
of  Hamilton;  Huntington,  of  Trumbull;  Kirker  of  Adams;  and  Sargent  of 
Clermont. 

The  constitution  drafted  by  this  convention  was  not  submitted  to  the 
voters  ifor  ratification.  This  course  was  not  unusual  a  century  ago.  The 
first  constitutions  of  21  states  were  not  submitted  to  a  vote.  Among  this 
number  were  Kentucky,  Indiana,  Illinois,  Tennessee  and  Missouri. 

There  has  been  a  great  diversity  of  opinion  as  to  when  Ohio  became 
a  state.  It  is  now  generally  agreed  among  historians  of  that  period  that  the 
date  of  the  meeting  of  the  first  state  general  assembly  on  March  1,  1803,  is 
the  real  date  on  which  Ohio  became  a  state.  The  laws  of  the  U.  S.,  vol.  4, 
p.  4,  show  that  the  national  congress  regarded  that  date  as  the  beginning  of 
statehood  and  the  delegate  in  congress  retained  his  seat  until  that  date  and 
the  acting  governor,  Byrd,  received  pay  until  March  1st,  1803. 


11.  After  Ohio's  admission,  was  the  remaining  part  of  the  territory  still 
called  the  Northwest  Territory?  Who  became  its  governor?  Where 
was  its  capital? 

On  May  7,  1800,  an  act  of  Congress  was  signed  by  President  Adams 
by  which  the  Northwest  Territory  was  divided  into  two  territories  by  a  line 
from  a  point  below  Cincinnati  opposite  the  mouth  of  the  Kentucky,  north  to 
the  Canadian  boundary.  The  eastern  division  (Ohio  and  part  of  Michigan) 
retained  the  name  Northwest  Territory.  The  western  division  was  named 
Indiana  Territory  with  Vincennes  as  the  seat  of  government.  This  separa- 
tion was  largely  the  result  of  the  efforts  of  William  Henry  Harrison,  the 
delegate  to  Congress.  That  he  was  personally  interested  is  shown  by  his 
appointment  as  the  first  Governor  of  Indiana  Territory.  Ohio  was  never  a 
territory  under  the  name  Ohio. 


12. 


Into  what  ten  counties  was  Ohio  divided  when  admitted?  Which  one 
was  unorganized  and  had  no  representation  in  the  constitutional  con- 
vention? 

Governor  St.  Clair  divided  what  is  now  Ohio  into  ten  counties,  which 
were  erected  as  follows:  Washington  in  1788,  Hamilton  in  1790,  Wayne  in 
1796,  Jefferson  in  1797,  Ross  and  Adams  in  1799,  Clermont,  Fairfield  and 
Trumbull  in  1800,  and  Belmont  in  1801..  Wayne  county  was  north  of  the 
Greenville  treaty  line,  comprising  the  Indian  reservation  in  northwestern 
Ohio  and  including  part  of  Michigan. 

Wayne  had  no  representation   in  the  constitutional  convention  of  1802. 


10  OHIO   INTERROGATION   POINTS. 

13.  What  were  the  most  objectionable  features  of  the  first  constitution? 
Was  this  constitution  ever  amended? 

The  most  serious  defect  of  the  first  constitution  of  Ohio  was  the 
granting  to  the  legislature  authority  to  appoint  all  state  executive  officers 
except  governor,  and  all  state,  district  and  county  judicial  officers.  Other 
objectionable  features  not  so  serious  were  depriving  the  governor  of  the 
veto  ^ower,  preventing  amendment  of  the  constitution  except  by  means  of 
a  constitutional  convention  and  the  recognition  of  property  as  a  necessary 
qualification  to  vote  or  to  hold  certain   offices. 

The  constitution  of  1802  was  never  amended  from  its  adoption  till 
displaced  by  the  constitution  of  1851. 

14.  How  many  and  what  constitutional  conventions  have  been  held  in  Ohio? 
Who  were  the  presidents  of  these  conventions?  How  many  constitu- 
tions has  the  state  had  during  its  history? 

There  have  been  but  four  constitutional  conventions  in  Ohio  — 1802 
with  Edward  Tiffin  of  Ross,  president;  1850-1  with  William  Medill,  of  Fair- 
field, president;  1873-4  with  Morrison  R.  Waite,  of  Lucas,  and  Rufus  King, 
of  Hamilton,  presidents ;  1912  with  Herbert  Bigelow,  of  Hamilton,  president. 
It  is  a  remarkable  coincidence  that  Edward  Tiffin  was  the  first  governor 
elected  under  the  constitution  of  1802  and  William  Medil]  succeeded  to  the 
governorship  during  the  first  term  under  the  constitution  of  1851.  Waite 
was  appointed  Chief  Justice  of  the  U.  S.  Supreme  Court  by  President  Grant 
and  resigned  as  president  of  the  constitutional   convention. 

Some  of  the  noted  members  of  the  convention  of  1851  were  Charles 
Reemelin  and  W.  S.  Groesbeck,  of  Hamilton,  J.  R.  Swan  and  Henry  Stan- 
bery,  of  Franklin,  R.  P.  Ranney,  of  Trumbull,  Ex-Governor  Joseph  Vance, 
of  Champaign,  Judge  Peter  Hitchcock,  of  Geauga,  W.  P.  Cutler  of  Washing- 
ton, Simeon  Nash,  of  Gallia,  Otway  Curry,  of  Vinton,  and  Josiah  Scott,  of 
Harrison. 

The  following  were  among  the  prominent  members  of  the  convention 
of  1874:  R.  M.  Bishop,  George  Hoadly  and  S.  F.  Hunt,  of  Hamilton, 
Thomas  Ewing,  of  Fairfield,  Judge  William  H.  West,  of  Logan,  Frank  B. 
Pond,  of  Morgan,  M.  A.  Foran,  of  Cuyahoga,  and  Peter  Hitchcock,  of 
Geauga.  The  latter  was  a  son  of  one  of  the  members  of  the  convention  of 
1851. 

Ohio  has  had  but  two  constitutions  —  that  of  1802  and  the  present  con- 
stitution of  1851.  The  latter  was  adopted  by  a  vote  of  125,564  to  109,276, 
and  the  constitution  submitted  in  1874  was  rejected  by  a  vote  of  102,885  to 
250,169.  The  convention  of  1912  submitted  42  amendments  to  the  constitu- 
tion of  1851,  of  which  34  were  adopted. 

15.  Give  the  chief  reasons  for  the  holding  of  the  second  constitutional  con- 
vention. What  were  the  most  objectionable  features  of  the  second  con- 
stitution when  adopted? 

The  overshadowing  consideration  that  induced  the  calling  of  a  con- 
stitutional convention  in  1850  was  the  overwhelming  demand  that  the  voters 
of  Ohio  be  given  the  right  to  elect  all  state  and  local  officers.  In  addition, 
the  following  reforms  were  advocated :  limitation  of  the  state  debt,  biennial 
sessions  of  the  general  assembly,  prohibition  of  the  passage  by  the  general 
assembly  of  special  acts  of  incorporation  and  of  all  laws  of  a  general  nature 
unless    made   of    uniform    operation    throughout    the    state,    reform    of   the 


OHIO  INTERROGATION   POINTS.  11 

judicial  system,  abolition  of  all  property  qualifications  required  of  office 
holders  and  voters,  creation  of  the  office  of  lieutenant  governor,  prevention 
of  the  state  or  any  political  subdivision  from  becoming  a  stockholder  in  any 
private  enterprise,  and  taxation  of  all  property  by  a  uniform  rule.  All  these 
provisions  were  incorporated  in  the  constitution  of  1851. 

In  at  least  two  important  particulars,  succeeding  general  assemblies 
for  forty  years  willfully  ignored  and  disregarded  the  plain  mandates  of. 
the  constitution.  One  was  in  not  holding  biennial  sessions  and  the  other  in 
the  passage  of  vicious  special  legislation  for  certain  towns  and  districts.  All 
legislation  of  this  character  was  declared  unconstitutional  by  the  Ohio 
Supreme  Court  in  1902. 

The  chief  defects  in  the  constitution  of  1851,  and  they  were  very  serious 
faults,  consisted  in  leaving  the  people  of  Ohio  at  the  mercy  of  corrupt  gen- 
eral assemblies  whose  laws  could  neither  be  vetoed  by  the  governor  nor 
rejected  by  the  voters,  and  in  providing  no  adequate  method  of  amending 
the  constitution. 

16.  Who  was  the  first  governor  of  Ohio?  What  was  his  salary?  Who  were 
the  first  two  United  States  senators  from  Ohio?  Who  was  the  first 
lieutenant  governor  of  Ohio  and  when  was  he  elected? 

Dr.  Edward  Tiffn,  of  Chillicothe,  who  came  from  Virginia  and  settled 
in  Ross  county  in  1798,  was  Ohio's  first  governor,  serving  two  terms.  He 
had  the  unique  distinction  of  being  the  only  governor  in  the  history  of  the 
state  who  was  elected  twice  without  opposition.  Previously  he  had  been 
speaker  of  the  house  in  the  territorial  legislature  and  president  of  the 
constitutional  convention  He  later  served  in  the  U.  S.  Senate.  He  was 
probably  the  ablest  statesman  of  that  period  of  Ohio  history.  His  annual 
salary  was  $900.00. 

The  salary  of  governor  was  raised  to  $1000.00  in  1822.  The  salary  of 
Ohio's  governors  never  exceeded  $1500.00  from  1802  to  1852,  when  it  was 
raised  to  $1800.00.  The  famous  Civil  War  governors  of  Ohio  only  received 
$1800.00  per  year.  In  1865  it  was  changed  to  $4000.00,  in  1887  to  $8000.00  and 
in  1906  to  $10,000.00,  the  present  salary. 

The  first  Ohio  General  Assembly  elected  John  Smith,  of  Hamilton,  and 
Thomas  Worthington,  of  Ross-,  as  Ohio's  first  U.  S.  senators. 

Ohio  had  no  lieutenant  governor  under  the  constitution  of  1802.  Under 
the  constitution  of  1851  William  Medill  was  elected  in  1851  the  first  lieutenant 
governor  of  Ohio,  and  succeeded  Governor  Wood  as  governor  when  the 
latter  resigned  in  1853. 

17.  What  state  executive  and  judicial  officers  were  elective  under  the  first 
constitution?  Was  this  "short  ballot"  satisfactory?  What  caused  the 
bitter  contest  between  the  General  Assembly  and  supreme  court?  Were 
county  and  township  officers  elective  in  the  early  years  of  the  state? 

The  governor  was  the  only  one  of  these  officers  that  was  not  appointed 
by  the  legislature.  Our  forefathers  of  the  year  1803  certainly  enjoyed  an 
ideal  government  if  the  "short  ballot"  cures  all  government  ills,  for  their 
tickets  contained  only  governor,  senator,  representative,  sheriff  and  coroner. 
Strange  that  they  were  so  dissatisfied  with  their  little  ballot!  They  could 
easily  inform  themselves  as  to  the  qualifications  of  all  candidates,  and  cer- 
certainly  they  would  have  no  difficulty  in  placing  responsibility  for  any  "mis- 
feasance, malfeasance  or  nonfeasance"  in  government.  What  unreasonable 
mortals  we  all  are!     Our  ancestors  fought  for  a  half  century  following  the 


12  OHIO    INTERROGATION    POINTS. 

admission  of  Ohio  to  the  Union  to  secure  the  right  to  elect  state  officers, 
judges  and  all  local  officers  down  to  infirmary  directors.  They  succeeded  by 
the  adoption  of  the  Constitution  of  1851  in  making  all  state  and  local  officers 
elective.  Another  half  century  has  passed  and  we  find  voters  just  as  jealous 
of  this  right  as  their  forefathers,  for  in  1913  the  short  ballot  amendment 
for  state  officers  was  defeated  by  a  vote  of  239,126  to  461,555,  and  the  short 
ballot  amendment  for  county  and  township  officers  by  a  vote  of  217,875  to 
449,493. 

The  historic  effort  of  the  Ohio  legislature  to  remove  from  office  Judge 
George  Tod  of  the  state  supreme  court  and  Judge  Calvin  Pease,  presiding 
judge  of  the  third  common  pleas  circuit,  began  in  1808  and  was  caused  by 
decisions  rendered  by  the  courts  that  the  law  of  1805,  which  gave  justices  of 
the  peace  jurisdiction  without  a  jury  in  cases  involving  not  over  $50.00,  was 
unconstitutional.  The  U.  S.  constitution  guarantees  the  right  of  trial  by  jury 
where  the  amount  exceeds  $20.00.  The  decisions  of  the  state  courts  were 
unquestionably  correct,  but  the  judges  having  been  appointed  by  the  legisla- 
ture, the  latter  resented  any  interference  with  the  supposed  prerogatives  of 
the  creator  by  one  of  its  creatures.  Judge  Huntington  of  the  supreme  court 
had  concurred  in  the  decision,  but  before  trial  could  be  had  of  impeachment 
proceedings  before  the  senate,  he  had  been  elected  governor  in  1808  and 
resigned  as  judge. 

In  Ohio  the  house  of  representatives  has  the  sole  power  of  impeach- 
ment of  state  officers,  but  any  .such  officer,  when  impeached,  must  be  tried  by 
the  Senate,  and  it  requires  a  two-thirds  vote  of  that  body  to  convict.  In  the 
trial  of  Judges  Tod  and  Pease  in  1809,  the  Senate  voted  15  to  9  in  favor  of 
conviction  in  both  cases.  They  were  thus  acquitted,  as  it  required  16  votes 
to  convict. 

In  Ohio,  from  its  admission  in  1803,  township  and  town  officers  have 
been  elective  and  such  elections  at  first  were  annual.  Of  county  officers,  only 
sheriff  and  coroner  have  been  elective  from  the  beginning.  The  office  of 
county  commissioner  w«s  created  and  made  elective  in  1804  and  a  board  of 
three  members  was  authorized.  The  office  of  county  auditor  was  created 
and  made  elective  in  1824.  County  treasurers  were  at  first  appointed  by  the 
associate  judges  of  each  county,  but  were  made  elective  in  1827.  Clerks  of 
court  were  appointed  by  the  courts  until  the  adoption  of  the  constitution  of 
1851.  Prosecuting  attorneys  at  first  were  appointed  by  the  supreme  court 
but  were  made  elective  in  1833.  Recorders  at  first  were  appointed  for 
seven  year  terms  by  the  associate  judges  in  each  county,  but  were  made 
elective  in  1831.  Surveyors  at  first  were  appointed  by  the  courts,  but  were 
also  made  elective  in  1831.  There  were  no  probate  judges  in  Ohio  until 
authorized  by  the  constitution  of  1851.  Under  the  constitution  of  1802,  such 
duties  were  performed  by  the  associate  judges  of  each  county  who  were 
appointed  by  the  general  assembly. 

18.     Could  a  man  without  property  who  paid  no   taxes  vote  in  Ohio  during 
the  first  fifty  years  of  the  state's  history? 

Under  the  first  constitution  from  1803  to  1851,  only  white  male  inhab- 
itants above  the  age  of  21  years,  residents  of  the  state  one  year,  who  "had 
paid  or  were  charged  with  a  state  or  county  tax"  had  the  right  to  vote.  It 
was  unquestionably  the  intention  to  disfranchise  every  man  without  property. 
The  property  requirement  as  to  holding  office  in  the  general  assembly  was 
more  explicit.  The  constitution  of  1802  said  that  a  senator  or  representative 
elect,  to  be  entitled  to  his  seat,  must  have  paid  a  state  or  county  tax. 


OHIO   INTERROGATION    POINTS.  13 

In  1826,  in  the  Ohio  House  of  Representatives,  the  right  of  Elijah  Hay- 
ward,  of  Cincinnati,  to  sit  as  a  member  was  contested  on  the  ground  that  he 
was  not  a  taxpayer.  It  was  proved  that  he  had  not  paid  a  state  or  county 
tax  in  the  ordinary  sense  and  all  that  prevented  his  expulsion  was  the  fact 
that  he  had  paid  a  license  of  five  dollars  for  the  privilege  of  practicing  as  an 
attorney.    Elijah  Hayward  later  was  a  member  of  the  Ohio  supreme  court. 

19.  How  many  senators  and  representatives  in  the  first  General  Assembly? 
Give  length  of  term  and  time  of  meeting.  What  is  the  present  member- 
ship of  the  General  Assembly? 

The  first  general  assembly  consisted  of  15  senators  and  30  representa- 
tives, and  met  at  Chillicothe,  March  1,  1803.  All  succeeding  legislatures 
under  the  constitution  of  1802  met  for  their  first  regular  session  on  the  first 
Monday  of  December.  Senators  were  elected  for  two  years  and  representa- 
tives for  one,  and  annual  sessions  were  held.  It  was  provided  in  the  con- 
stitution of  1802  that  until  there  were  22,000  voters  in  the  state,  the  number 
of  representatives  should  not  be  less  than  24  nor  more  than  36.  When  the 
number  of  voters  amounted  to  22,000  or  more,  the  membership  should  not 
be  less  than  36  nor  more  than  72.  The  number  of  senators  could  not  be  less 
than  one-third  nor  more  than  one-half  the  number  of  representatives. 

In  the  present  general  assembly  there  are  36  senators  and  128  repre- 
senratives.  They  each  receive  $1000.00  per  annum  salary  and  weekly  mileage 
to  and  from  home  of  two  cents  per  mile.  The  first  general  assembly  was 
limited  by  the  constitution  to  salaries  of  two  dollars  each  for  each  day  in 
session,  and  not  to  exceed  two  dollars  for  each  mile  going  to  and  returning 
from  the  session.  The  first  general  assembly  cost  the  state  for  salaries, 
mileage  and  clerk  hire,  a  total  of  less  than  $6,000.00.  For  the  session  in  1915 
the  salaries  of  employes  alone  were  $66,227.30  and  the  session  cost  the  state 
for  salaries,  mileage  and  other  expenses  a  total  of  $262,074.48. 

20.  When  were  biennial  sessions  of  the  General  Assembly  first  made  man- 
datory by  constitutional  provision?  When  was  this  requirement  first 
properly  observed? 

Biennial  sessions  of  the  general  assembly  were  made  mandatory  by  the 
Constitution  of  1851,  but,  with  the  exception  of  the  year  1855,  this  provision 
was  evaded  by  holding  adjourned  sessions  the  second  year  of  each  term. 
Why  the  law-making  body  of  the  state  should  be  the  last  to  obey  the  con- 
stitution is  difficult  to  understand.  Over  forty  years  after  the  adoption  of 
the  constitution  the  general  assembly  decided  to  obey  its  injunction,  and  ic 
1894  appropriated  for  two  years  and  no  session  was  held  in  1895.  Since  that 
date  biennial  sessions  have  been  held  and  no.  legislature  has  re-assembled, 
except  at  the  call  of  the  governor.  There  have  been  only  six  extraordinary 
sessions  of  general  assemblies  at  the  call  of  governors  in  Ohio  history  — 
1835,  1890,  1902,  1909  and  two  extraordinary  sessions  in   1914. 

21.  How  often  were  apportionments  for  members  of  the  General  Assembly 
made  under  the  first  constitution?  How  were  populations  determined 
on  which  to  base  these  apportionments?  How  often  and  by  whom  are 
such  apportionments  now  made?  How  are  the  ratios  for  senators  and 
representatives   found? 

Under  the  first  constitution,  from  1803  to  1851,  apportionments  for 
members  of  the  general  assembly  were  made  every  four  years.     This  quad- 


14  OHIO   INTERROGATION   POINTS. 

rennial  apportionment  was  based  on  an  enumeration  of  voters  in  the  state 
taken  each  fourth  year.  The  first  was  taken  in  1803  and  showed  14,763 
voters  in  the  state.     The  total  enumeration  of  voters  in  1807  was  31,308. 

The  Constitution  of  1851  provided  for  decennial  apportionments  based 
on  the  U.  S.  Census.  The  ratio  for  senators  for  each  ten  year  period  is 
found  by  dividing  the  total  population  of  the  state  by  thirty  five  and  for 
representatives  by  dividing  the  population  by  one  hundred.  There  are  thirty- 
four  senatorial  districts  in  Ohio  but,  by  reason  of  having  less  than  half  the 
required  ratio  which  at  present  is  136,203,  twenty  districts  are  not  entitled 
to  one  senator  each  and  are  combined  for  election  purposes  into  ten  joint 
districts  with  two  districts  in  each. 

The  decennial  apportionment  is  made  by  the  governor,  auditor  and 
secretary  oif  state.  The  present  ratio  for  representatives  is  47,671.  There 
are  fifteen  counties  with  less  than  half  this  population,  but  under  the  con- 
stitution every  county  has  at  least  one  representative.  The  total  population 
of  Vinton,  Pike  and  Geauga  is  43,489,  or  not  sufficient  for  one  representative, 
but  each  under  the  constitution  has  a  representative. 

If  a  senatorial  district  or  county  has  an  excess  of  population  over  the 
ratio  for  senator  or  representative,  and  if  this  excess  multiplied  by  five  (the 
number  of  legislative  terms  in  each  ten  years)  equals  the  ratio  or  two  or 
more  ratios,  such  district  or  county  is  entitled  to  one  or  more  additional 
members  for  one  term  each  in  the  ten  year  period.  For  this  reason  the 
membership  of  general  assemblies  varies  slightly  in  total  numbers  during 
the  ten  year  period.  Under  the  present  census  the  apportionment  is  as 
follows :  80th  General  Assembly,  elected  1912,  senators  33,  representatives 
123;  81st,  elected  1914,  senators  33,  representatives  123;  82nd,  elected  1916, 
senators  36,  representatives  128;  for  the  83rd,  senators  33,  representatives 
124;  for  the  84th,  senators  37,  representatives  125. 

22.  When  by  constitutional  amendment  was  each  county  given  representa- 
tion in  the  lower  house  of  the  General  Assembly?  Can  any  voter  of 
Ohio  be  elected  and  serve  in  the  General  Assembly?  Was  the  same 
true  under  the  first  constitution? 

The  single  legislative  district  amendment  was  adopted  in  1903  by  a 
vote  of  757,505  to  26,497.  This  large  majority  was  made  possible  by  the 
Longworth  Act  which  permitted  parties  to  endorse  amendments  and  print 
them  affirmatively  on  the  ballot. 

Any  voter,  unless  holding  another  office,  is  eligible  to  represent  his  dis- 
trict or  county  in  the  General  Assembly. 

Under  the  Constitution  of  1802  a  representative  was  required  to  be 
twenty-five  years  of  age  and  a  senator  thirty  years  of  age.  Only  tax  payers 
could  serve  in  the  general  assembly  under  the  first  constitution. 

23.  Can  the  boundaries  of  senatorial  districts  be  changed  by  the  legislature? 
Can  the  legislature  change  the  boundaries  of  congressional  and  judicial 
districts? 

The  boundaries  of  all  senatorial  districts  are  fixed  in  Art.  XI,  Sec.  7 
of  the  Constitution  of  1851,  and  cannot  be  changed  by  the  legislature.  Even 
a  change  in  the  boundaries  of  a  county  does  not  change  the  boundary  of  that 
senatorial  district. 

Since  the  adoption  of  our  present  constitution  a  part  of  Washington 
county  was  detached  and  united  with  Monroe  county.  Washington  is  in  the 
14th  senatorial  district  and  Monroe  in  the  19th  district,  but  the  voters  of  this 


OHIO   INTERROGATION    POINTS.  15 

small  tract  transferred  to  Monroe  county  still  vote  for  senator  in  the  14th 
district  in  spite  of  the  fact  that  there  are  less  than  150  voters  in  the  tract,  and 
it  causes  great  annoyance  in  the  printing  of  ballots  in  Monroe. 

Noble  county  is  the  only  county  erected  since  the  submission  of  the 
present  constitution.  The  constitutional  convention  adjourned  March  10th, 
1851.  Noble  county  was  erected  March  11th,  1851,  but,  while  the  constitution 
was  not  adopted  until  June  17th,  Noble  is  part  in  the  14th  senatorial  district 
and  part  in  the  19th  district,  the  part  of  .Noble  detached  from  Morgan  and 
Washington  voting  in  the  14th  district  and  the  part  from  Guernsey  and 
Monroe  in  the  19th  district. 

The  constitution  provides  that  when  any  county  forming  part  of  a 
senatorial  district  acquires  a  population  equal  to  a  senatorial  ratio  it  shall 
be  made  an  independent  senatorial  district  if  a  full  senatorial  ratio  is  left  in 
the  district  from  which  it  is  taken.  The  only  county  in  Ohio  so  separated 
since  .1851  is  Lucas.  The  populations  of  Franklin  and  Montgomery  counties 
are  sufficient  to  require  separation  from  their  districts,  but  cannot  be  so 
separated  for  the  reason  that  a  senatorial  ratio  would  not  remain  in  either 
senatorial  district. 

The  legislature  has  the  power  to  redistrict  the  state  for  representatives 
in  Congress,  and  such  political  gerrymanders  are  of  too  frequent  occurrence 
in  Ohio  history.  The  state  was  redistricted  three  times  under  the  census  of 
1870  and  four  times  under  the  1880  census. 

The  legislature  has  the  power  to  change  the  boundaries  of  appellate 
court  districts  and  may  create  new  districts,  but  the  boundaries  of  common 
pleas  districts  are  fixed  by  the  constitution  of  1851.  This  latter  provision  is 
rendered  of  little  importance  by  the  amendment  adopted  in  1912  giving  every 
county  at  least  one  common  pleas  judge. 

24.  Can  the  governor  order  a  legislature  to  adjourn?  Has  this  ever  occurred 
in  Ohio?    Can  an  appropriation  bill  originate  in  the  Ohio  State  Senate? 

Like  the  Constitution  of  1802,  the  present  Constitution  confers  on  the 
governor  the  power  to  adjourn  the  general  assembly  when  the  two  houses 
fail  to  agree  as  to  the  time  of  adjournment.  This  authority  has  never  been 
exercised  by  any  Ohio  governor. 

An  appropriation  bill  may  originate  in  either  branch  of  the  General 
Assembly,  but  by  custom  they  usually  originate  in  the  lower  house.  In  the 
national  congress  all  appropriations  must  originate  in  the  House  of  Repre- 
sentatives. 

25.  Into  what  three  branches  were  Ohio  courts  divided  under  the  first  con- 
stitution? Of  how  many  members  did  the  first  supreme  court  consist? 
What  is  its  present  membership?  Give  the  length  of  term  and  salaries 
then  and  now. 

The  judicial  power  of  the  state  under  the  first  constitution  was  vested 
in  a  supreme  court,  courts  of  common  pleas  and  justices  of  the  peace.  The 
supreme  court  consisted  of  three  members  appointed  by  the  legislature  for 
terms  of  seven  years,  and  their  salaries  were  $900  each.  The  supreme  court 
now  consists  of  a  chief  justice  and  six  judges.  They  are  elected  for  terms 
of  six  years  each.  The  chief  justice  receives  $7,000  per  annum  and  the 
other  six  members  $6,500  each. 

26.  Did  the  supreme  court  under  the  first  constitution  hold  court  outside 
the  state  capital?     Did  it  preside  in  ordinary  criminal  cases  tried  to  a 


Iti  OHIO  INTERROGATION  POINTS. 

jury?     Does  the   supreme  court   now  preside  in  any  cases   where  juries 
are  used? 

The  supreme  court  under  the  first  constitution  was  required  to  hold 
court  at  least  once  each  year  in  every  county  of  the  state.  Divorce  cases 
and  criminal  cases  where  the  punishment  of  the  crime  alleged  was  death 
could  not  be  tried  before  the  common  pleas  court  but  must  be  heard  by  the 
supreme  court.  Murder,  under  present  laws,  is  the  only  capital  crime  but 
laws  were  more  drastic  in  pioneer  days.  The  law  passed  January  15,  1803, 
authorized  the  death  penalty  for  the  following  additional  crimes  :  rape,  arson 
and  malicious  maiming  of  another  person.  Under  that  law  a  man  who 
maliciously  put  out  an  eye  of  another  or  burned  his  neighbor's  house  or 
barn  and  thereby  endangered  life  could  be  put  to   death. 

The  supreme  court  under  the  first  constitution  was  engaged  a  large 
part  of  the  time  each  year  in  presiding  in  cases  tried  to  juries.  There  are 
at  present  no  trials  by  jury  in  the  Ohio  Supreme  Court. 

27.  Under  the  first  constitution  could  cases  from  justices'  courts  be  carried 
to  the  supreme  court?  Can  such  cases  now  be  carried  to  the  state's 
highest  court? 

Under  the  first  constitution  many  cases  tried  before  justices  of  the 
peace  were  carried  up  to  the  supreme  court.  Under  the  judicial  amendment 
to  the  constitution  adopted  in  1912,  cases  tried  before  justices  of  the  peace 
are  not  supposed  to  ever  be  carried  to  the  supreme  court.  In  rare  cases 
where  a  constitutional  question  is  involved  it  is  possible  for  such  a  case 
tried  in  a  justice's  court  to  reach  the  supreme  court,  but  in  actual  practice 
such  a  result  seldom  if  ever  occurs. 

28.  During  the  first  half  century  of  the  state's  history,  were  cases  in  common 
pleas  court  tried  before  a  single  judge?  Name  several  noted  Ohio  at- 
torneys previous  to  the  Civil  War. 

The  common  pleas  courts  under  the  Constitution  of  1802 -consisted  of 
one  presiding  judge  who  was  a  lawyer  and  traveled  over  a  circuit,  and  three 
associate  judges  who  were  not  lawyers.  All  were  appointed  by  the  legislature. 
The  presiding  judge  could  preside  in  any  county  in  his  circuit  while  the 
associate  judges  acted  for  a  single  county.  Three  farmer  associate  judges 
could  render  a  decision  contrary  to  the  opinion  of  the  lawyer  presiding  judge. 

Among  the  able  lawyers  preceding  the  Civil  War  were  Thomas  Ewing, 
Salmon  P.  Chase,  Henry  Stanberry,  Rufus  P.  Ranney,  Joseph  R.  Swan,  Allen 
G.  Thurman,  Chas.  Hammond,  Henry  Brush  and  Thomas  L.  Hamer. 

29.  When  was  the  circuit  court  created  and  when  changed  to  the  appellate 
court?  Give  the  number  of  appellate  districts,  appellate  judges  and 
common  pleas  judges  in  Ohio,  the  length  of  terms  and  salaries  of  each. 
How  can  the  common  pleas  and  probate  courts  of  a  county  be  consol- 
idated? 

On  October  9,  1883,  an  amendment  to  the  constitution  was  adopted 
authorizing  the  establishment  of  circuit  courts.'  From  1851  to  1883  a  district 
court  consisting  of  one  judge  of  the  supreme  court  and  the  common  pleas 
judges  of  the  district  held  one  term  of  a  district  court  yearly  in  each  county. 
The  duties  of  this  district  court  and  its  successor,  the  circuit  court,  are  now 
conferred  on  the  appellate  court  which  was  created  by  constitutional  amend- 
ment in  1912. 


OHIO   INTERROGATION   POINTS.  17 

There  are  eight  appellate  districts  with  .three  judges  each,  and  the 
salaries  of  each  appellate  judge  is  $6,000  which  is  paid  by  the  state.  Under 
the  new  amendment  granting  at  least  one  common  pleas  judge  to  each 
county,  there  are  now  122  common  pleas  judges  in  Ohio,  an  increase  of  20 
by  reason  of  the  amendment.  They  receive  $3,000  each  from  the  state  and 
$25.00  from  their  county  for  each  1,000  population,  but  their  total  salary  can- 
not exceed  $6,000.     They  are  elected  for  terms  of  six  years  each. 

A  county  with  less  tha*-  60,000  population  may,  by  a  petition  of  ten  per 
cent,  of  the  voters,  call  an  election  on  combining  the  common  pleas  and 
probate  courts  of  the  county.  If  a  majority  vote  in  the  affirmative,  one 
judge  shall  preside  over  both  courts. 

What  is  meant  by  the  term  "common  law?"  Are  such  laws  binding  in 
Ohio?  What  is  meant  by  the  writ  of  habeas  corpus?  Who  in  Ohio  has 
authority  to   suspend  this  writ? 

Strange  as  it  may  appear,  unwritten  law  constitutes  by  far  the  greater 
portion  of  that  entire  body  of  law  by  which  our  rights  are  regulated.  One 
division  of  unwritten  law  is  known  as  "common  law."  Written  law  is 
enactments  by  legislative  assemblies.  Common  law  is  that  made  by  judges, 
and  it  is  an  astounding  fact  that  courts  have  made  more  law  than  parlia- 
ments, congresses  and  general  assemblies.  Common  law  is  based  on  judicial 
decisions  and  the  only  records  of  such  laws  are  'found  in  the  reports  of  such 
decisions,  and  commentaries  and  digests  founded  thereon.  Questions  often 
arise  respecting  which  the  written  law  contains  no  provisions  and  if  the 
judge  does  not  make  a  law  to  meet  the  emergency  the  wrong  must  go 
unpunished.  If  there  be  no  precedent,  he  must  consult  public  policy  and  the 
abstract  principles  of  natural  justice.  Much  of  our  common  law  is  of 
English  origin.  A  law  library  to  thoroughly  cover  all  common  law  would 
require  thousands  of  volumes.  One  would  imagine  with  the  flood  of  written 
law  enacted  in  recent  years,  the  field  for  the  application  of  common  law 
would  be  very  restricted,  but  such  is  not  the  case.  We  will  have  to  endure 
several  additional  sessions  of  the  general  assembly  before  the  output  of 
written  law  will  equal  the  accumulation  of  common  law  that  has  been  handed 
down  from  past  centuries. 

The  writ  of  habeas  corpus  is-  the  right  of  every  accused  person  to  a 
prompt  hearing  by  a  court  or  jury,  in  advance  of  any  order  of  imprisonment 
Under  the  writ  any  person  deprived  of  his  liberty  on  demand  by  himself  or 
another  must  be  brought  into  court  for  a  hearing  as  to  the  legality  and 
justice  of  the  detention.  The  federal  constitution,  Art.  I,  Sec.  9,  says: 
"The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended,  unless 
when  in  cases  of  rebellion  or  invasion  the  public  safety  may  require  it." 
Art  I,  Sec.  8,  of  the  Ohio  constitution,  which  is  a  part  of  the  bill  of  rights. 
is  identical  with  the  section  of  the  federal  constitution  above  quoted.  It  was 
held  by  Judges  Marshall,  Storey  and  others  that  the  suspension  of  the  writ 
of  habeas  corpus  during  an  invasion  or  rebellion  is  a  legislative  power 
exclusively.  During  the  Civil  War  such  suspensions  were  made  by  President 
Lincoln.  His  right  to  do  so  was  questioned  and  to  avoid  litigation  over  the 
matter  Congress,  March  3,  1863,  passed  an  act  authorizing  the  president  to 
make  such  suspensions  when  necessary.  The  general  assembly  is  the  only 
power  in  Ohio  that  can  authorize  the  suspension  of  the  writ  of  habeas  corpus, 
and  this  can  be  done  only  when  there  is  an  insurrection  or  a  threatened 
invasion.  The  governor  has  no  such  power  except  as  granted  him  by  the 
general  assembly.  General  A.  E.  Burnsides,  with  headquarters  at  Cincinnati, 
2  o.  i.  p. 


18  OHIO    INTERROGATION    POINTS. 

on  April  13th,  1863,  suspended  the  writ  of  habeas  corpus  in  Ohio  and  ar- 
rested private  citizens  and  had  them  tried  by  military  tribunals.  After  the 
Civil  War  these  acts  by  General  Burnsides  were  held  unconstitutional  by  tlie 
U.  S.  Supreme  Court.  As  Ohio  was  not  in  rebellion,  every  citizen  had  a 
right  to  a  trial  in  a  civil  court.  The  right  to  the  writ  ol  habeas  corpus  wa.-. 
conceded  first  in  1215  by  King  John,  of  England,  at  Runnymede,  when  ht 
granted  Magna  Charta. 

31.  Name  some  forms  of  amusement  prohibited  by  law  in  the  early  history 
of  the  state  that  are  now  regarded  as  proper? 

Public  sentiment  as  tc  right  and  wrong  changes  radically  from  gen- 
eration to  generation.  In  the  early  days  it  was  thought  as  proper  for  a 
grocer  to  sell  intoxicating  liquors  as  to  sell  pickled  pork,  and  a  general 
drunk  with  its  attendant  street  brawls  was  considered  highly  decent  and 
respectable  on  muster  days.  But  small  boys  playing  marbles  on  the  streets, 
and  rural  rustics  running  their  horses  on  the  country  highway  were  crimes 
that  must  not  be  permitted  and  such  criminals  must  be  apprehended  and 
fined  and  imprisoned. 

Here  are  some  of  the  things  considered  crimes  by  our  forefathers  of 
Ohio  and  punished  accordingly :  keeping  a  ninepin  alley  in  a  public  inn,  fine 
$10.00  to  $100.00 ;  boxing  at  fisticuffs,  fine  $50.00 ;  exhibiting  a  puppet  show, 
wire  dancing,  juggling  or  sleight-of-hand,  fine  $10.00;  bringing  a  pack  of 
playing  cards  into  the  state,  fine  $5.00  to  $20.00;  traveling  on  Sunday,  fine 
$1.00  to  $5.00;  playing  a  game  of  bullets  (bowls)  across  a  street  of  a  town, 
fine  50  cents  to  $5.00. 

32.  Has  imprisonment  for  debt  ever  been  lawful  in  Ohio?  Were  whipping 
posts  and  stocks  ever  used  by  officers  of  the  law  in  punishing  prisoners 
in  Ohio?     Were  lotteries  ever  authorized  by  law  in  Ohio? 

Imprisonment  for  debt  was  not  only  permitted  under  early  Ohio  laws, 
but  was  commonly  practiced  all  over  Ohio  for  nearly  forty  years  following 
its  admission  in  1803.  When  the  state  senate  convened  in  1828  it  was  found 
that  Senator  Andrew  Mack  of  Cincinnati  was  not  present  and  inquiry 
brought  out  the  fact  that  he  was  in  jail  for  debt  in  his  home  town.  The 
senate  demanded  his  release,  not  on  the  ground  that  it  was  wrong  to  im- 
prison one  for  debt,  but  that  his  detention  was  a  violation  of  the  special 
immunity  from  arrest  of  a  member  of  the  legislature  and  on  that  ground  he 
was  released,  but  no  effort  was  made  by  that  general  assembly  to  repeal  the 
law,  in  fact  imprisonment  for  debt  was  not  abolished  in  Ohio  until  1838, 
and  the  law  then  passed  was  full  of  "excepts"  and  "buts". 

Whipping  posts  and  stocks  were  familiar  instruments  of  punishment  and 
torture  in  the  county  seat  of  every  county  in  Ohio  for  a  number  of  years 
after  its  admission.  The  law  respecting  crimes  and  punishments  passed  in 
1805  had  some  peculiar  provisions  as  to  the  number  of  stripes  for  various 
crimes.  For  attempted  rape,  39  stripes  were  required,  but  if  the  offender 
stole  a  mule,  59  stripes  were  applied.  In  1809  the  criminal  laws  were 
amended  and,  elaborated  and  the  number  of  stripes  for  various  crimes  still 
further  classified.  It  was  not  until  1815  that  the  whole  brutal  and  repulsive 
practice  was  wiped  out  in  Ohio  forever  by  the  repeal  of  every  statute  re- 
quiring the  use  of  whipping  posts  in  the  punishment  of  crime.  Another 
disgusting  and  demoralizing  custom  was  eradicated  in  1844  when  public 
executions  in  Ohio  were  abolished.  Electrocution  was  substituted  for  hang- 
ing in  1896. 


OHIO    INTERROGATION    POINTS.  19 

Lottery  legislation  originated  in  New  England.  Judge  Burnet  of  Cin- 
cinnati introduced  in  the  territorial  legislature  the  first  bill  authorizing  a 
lottery.  It  was  defeated  in  the  lower  house.  It  was  such  an  easy  plan  of 
getting  money  that  the  general  assembly,  jealous  of  so  many,  without  per- 
mission, profiting  in  that  way,  in  1807  passed  a  law  prohibiting  all  lotteries 
except  those  authorized  by  the  legislature.  The  first  attempt  to  improve  the 
Muskingum  river  was  by  means  of  a  lottery  and  funds  to  build  one  of  the 
first  bridges  over  that  stream  were  secured  in  the  same  manner.  Even 
churches  were  built  by  funds  secured  by  the  sale  of  lottery  tickets.  The 
demoralizing  practice  was  never  generally  popular  in  Ohio,  and  was  opposed 
by  many  leading  citizens  from  the  beginning.  Lotteries  continued  in  Ohio, 
to  some  extent,  until  1830,  when  they  were  abolished  by  law.  A  prohibition 
of  lotteries  was  placed  in  the  Constitution  of  1851. 

33.  Could  a  wife  hold  property  in  her  own  name  in  Ohio  a  century  ago? 
When  were  Ohio  women  first  permitted  to  vote  at  school  elections? 
Was  a  woman  with  property  ever  exempt  from  taxation  in  Ohio? 

For  many  years  after  Ohio  became  a  state  the  laws  of  Ohio  and  the 
teachings  of  Holy  Writ  agreed  in  one  particular  —  that  the  husband  and 
wife  are  one  —  and  the  Ohio  laws  made  the  husband  that  one.  He  not  only 
acquired  through  marriage  absolute  control  of  all  property  previously  owned 
by  her,  but  owned  her  as  well.  It  was  not  until  1861  that  married  women 
acquired  legal  right  to  hold  property  in  their  own  names  and  dispose  of  the 
income  from  same  and  it  was  eighty  years  before  the  law  makers  recognized 
her  as  human,  and  in  1884  granted  her  the  right  to  sue  and  be  sued.  Women 
were  granted  the  right  to  vote  at  school  elections  in  1896,  but  they  have 
never  been  denied  the  right  to  pay  taxes.  Our  forefathers  rebelled  against 
the  mother  country  because  of  taxation  without  representation,  but  their 
descendants  seem  to  see  no  incongruity  or  inconsistency  in  inflicting  the 
same  injustice  upon  self-supporting  women  who  are  tax  payers. 

34.  What  do  the  terms  "Great  Seal"  and  "Coat  of  Arms"  signify?  What 
historic  mountain  is  represented  on  the  state  seal?  Has  the  device  on 
the  seal  ever  been  changed?  Has  Ohio  a  law  designating  a  state  flower? 
Has  Ohio  a  state  flag? 

The  Great  Seal  of  Ohio  is  an  engraved  stamp  for  making  an  impression 
on  public  documents.  It  is  an  evidence  of  the  genuineness  and  authority  of 
such  papers.  The  Coat  of  Arms  is  the  figure  or  device  on  the  seal.  The 
constitution  of  1802  provided  that  there  shall  be  a  seal  kept  by  the  Governor 
to  be  called  '"The  Great  Seal  of  the  State  of  Ohio."  This  provision  was 
inserted  without  change  in  the  Constitution  of  1851.  The  legislature  in  1803 
passed  a  law  authorizing  the  making  of  a  two-inch  seal  to  contain  the  fol- 
lowing device:  in  the  foreground  a  sheaf  of  wheat  and  a  sheaf  of  17  arrows 
with  a  mountain  in  the  background,  with  the  rising  sun.  The  arrows  indicated 
that  Ohio  was  the  seventeenth  state  admitted  and  the  mountain  and  rising 
sun  that  it  was  the  first  state  west  of  the  Alleahenics.  The  mountain  shown 
on  the  seal  is  Mt.  Logan  near  Chillicothe.  This  law  was  repealed  in  1805 
and  there  was  no  new  law  passed  to  take  its  place  until  1866.  As  a  result, 
great  seals  of  many  sizes  and  devices  came  into  use  at  various  times.  About 
the  period  of  canal  construction  a  canal  with  a  canal-boat  upon  it  became 
popular  as  part  of  the  coat  of  arms. 

The  law   of   1866   required   so   complicated   a   device   that   it  made  the 


20  OHIO    INTERROGATION    POINTS. 

state  seal  ridiculous.  That  law  specified  that  the  coat  of  arms  should  contain 
a  shield,  sheaf  of  wheat,  sheaf  of  arrows,  mountain,  rising  sun,  farmer  sup- 
porting a  shield,  implements  of  labor,  smith  and  anvil,  railroad  train  and 
steamboat  and  that  it  include  the  motto  "Imperium  in  Imperio."  This  law 
was  repealed  in  1868  and  a  new  act  passed  re-enacting  the  original  law  of 
1803  with  the  single  change  that  a  range  of  mountains  be  used  instead  of  a 
single  mountain.  No  change  has  been  made  since  and  as  a  result  all  seals 
in  use  in  Ohio  today  contain  the  simple  device  so  familiar  to  every  Buckeye 
citizen  and  so  appropriate  for  the  use  intended  and  the  state  it  represents. 

The  scarlet  carnation  was  designated  by  law  in  1904  as  the  floral 
emblem  of  Ohio.     This  was  done  in  honor  of  President  McKinley. 

The  general  assembly  in  1902  adopted  a  state  flag  in  the  form  of  a 
pennant  with  17  white  stars  in  a  blue  field  surrounding  a  white  circle  with  a 
red  center.  There  are-  three  red  and  two  white  stripes.  The  white  circle 
suggests  the  name  "Ohio"  while  the  17  stars  typify  that  it  is  the  17th  state 
admitted  and  the  red  center  represents  a  buckeye. 

35.  Which  is  the  only  state  in  the  union  with  a  constitution  that  says  that 
all  voters  must  be  white? 

The  constitution  of  Ohio  today  says  that  to  be  a  voter  one  must  be  a 
"white  male  citizen  of  the  United  States  of  the  age  of  twenty-one  years." 
This  provision  as  to  color  was  also  incorporated  in  the  constitution  of  1802. 
This  restriction  is  nullified  by  the  U.  S.  constitution  which  in  Article  XV,  the 
amendment  adopted  in  1870,  grants  the  negro  equal  rights  of  suffrage  with 
whites. 

In  proportion  to  population,  Ohio  did  more  to  free"  the  slaves  than 
any  other  state  in  the  union,  but  it  has  never  by  its  vote  expressed  approval 
of  the  granting  of  the  right  of  suffrage  to  the  negro.  This  fact  is  rather 
peculiar  and  inexplicable  for  previous  to  the  Civil  War  it  was  one  of  the 
most  radical  anti-slavery  states  in  the  nation,  and  since  the  emancipation  of 
the  slaves  it  has  permitted  negroes  to  enjoy  every  right  of  citizenship  and 
suffrage  without  social  disturbance  or  race  feuds.  But  on  every  occasion  on 
which  negro  suffrage  has  been  submitted  to  a  vote  in  Ohio  the  proposition 
has  been  defeated.  An  amendment  to  the  state  constitution  eliminating  the 
word  "white"  was  submitted  in  1867  but  at  the  October  election  it  was 
defeated  by  a  vote  of  216,987  to  255,340.  The  constitution  of  1874  again 
eliminated  the  word  "white"  but  at  the  special  election  August  18,  1874,  the 
proposed  constitution  was  rejected  by  a  vote  of  102,885  to  250,169.  One  more 
effort  was  made  to  remove  the  word  "white"  from  the  constitution  when  in 
1912  forty-two  amendments  were  submitted.  The  one  eliminating  the  word 
"white"  was  defeated  by  a  vote  of  242,735  to  265,693. 

Even  in  the  general  assembly  the  ratification  of  the  15th  amendment  to 
the  federal  constitution  was  defeated  when  first  presented.  This  amendment, 
guaranteeing  equal  rights  of  suffrage  to  both  races,  was  submitted  by  con- 
gress February  27,  1869,  and  was  rejected  by  the  Ohio  legislature  May  4, 
1869.  The  succeeding  legislature  January  27,  1870,  ratified  the  amendment 
but  the  majority  in  the  senate  was  but  one  and  in  the  house  but  two  votes. 

The  change  should  be  made  as  tbe  present  declaration  in  our  constitu- 
tion that  only  whites  can  vote  in  Ohio  is  ridiculous. 

36.  Why  was  the  veto  power  denied  the  governor  under  the  first  and  second 
constitutions?  When  was  this  power  granted  by  constitutional  amend- 
ment? 


OHIO    INTERROGATION    POINTS.  21 

The  abuse  of  the  veto  power  by  Governor  St.  Clair  while  Governor  of 
Northwest  Territory  created  such  bitter  resentment  toward  gubernatorial 
interference  and  opposition  to  the  exercise  of  the  veto  in  any  form  that 
when  St.  Clair's  enemies  secured  control  of  the  constitutional  convention  in 
1802  they  adopted  the  opposite  extreme  and  deprived  the  governor  of  the 
state  of  all  voice  in  legislation.  Under  territorial  government  the  territorial 
legislature  could  not  pass  a  bill  over  the  governor's  veto.  Under  the  con- 
stitutions of  1802  and  1851  a  governor  could  not  veto  a  bill  at  all. 

In  the  constitutional  convention  that  drafted  the  constitution  of  1851, 
a  section  giving  the  governor  the  veto  power  but  permitting  a  majority  vote 
in  both  houses  to  override  the  veto,  was  eliminated  by  a  vote  of  46  to  34. 
There  was  a  provision  granting  the  governor  the  veto  power  in  the  con- 
stitution submitted  and  rejected  in  1874. 

In  1903,  the  centennial  year  of  statehood,  an  amendment  to  the  con- 
stitution granting  the  governor  the  veto  power  was  adopted  by  a  vote  of 
458,681  to  338,317.  To  repass  a  bill  vetoed  by  the  governor  a  three-fifths  vote 
of  both  houses  is  required.  By  such  repassage  it  becomes  a  law  notwith- 
standing the  objections  of  the  governor. 

37.     Can  the  governor  of  Ohio  pardon  any  convict  regardless  of  the  crime 
committed?     Are  all  sentences  in  Ohio  now  indeterminate  as  to  length? 

Under  Article  III,  Section  11,  of  the  Constitution  of  Ohio,  the  governor 
may  pardon  all  convicts  except  those  convicted  of  the  crime  of  treason  or 
cases  of  impeachment.  Those  convicted  of  treason  can  only  be  pardoned  by 
the  general  assembly.  The  Board  of  Clemency,  consisting  of  two  members 
appointed  by  the  governor,  has  no  power  to  grant  pardons,  but  can  simply 
make  recommendations  to  the  governor  and  the  latter  is  free  to  approve  or 
reject  such  recommendations. 

Convicts  sentenced  to  the  Mansfield  Reformatory  have  never  been 
incarcerated  for  a  fixed  time  of  imprisonment,  but  all  such  sentences  have 
been  indeterminate  as  to  length.  In  1913  a  law  was  passed  making  all  sen- 
tences to  the  Penitentiary  indeterminate,  except  for  the  crimes  of  treason 
and  murder  in  the  first  degree.  Any  term  of  imprisonment  in  the  Pen- 
itentiary for  any  crime  except  the  two  mentioned  may  be  terminated  at  any 
time  by  the  Ohio  Board  of  Clemency  after  the  prisoner  has  served  the 
minimum  term  provided  by  law  for  the  crime  committed.  The  governor 
may  pardon  the  prisoner  at  any  time  but  the  Board  of  Clemency  cannot  grant 
a  parole  until  the  convict  has  served  the  minimum  time  prescribed  by  law. 


38.  What  four  citizens  of  Chillicothe  became  governor?  What  two  gov- 
ernors died  in  office?  What  governor  served  three  terms?  What  gov- 
ernors made  four  races  for  the  office  ?  Who  was  the  first  governor  who 
was  a  native  of  Ohio? 

Tiffin,  Worthington,  McArthur  and  Allen  were  all  residents  of  Chilli- 
cothe. The  iormer  two  served  two  terms  each  and  all  were  U.  S.  sen- 
ators except  McArthur.  Tiffin  married  Worthington's  sister  and  Allen  mar- 
ried McArthur's  daughter.  Adena,  the  Chillicothe  home  of  Worthington, 
was  the  finest  residence  in  Ohio  when  built  and  is  still  a  noted  landmark 
of  Ross  county.     The  McArthur  home  was  called  Fruit  Hill. 

Governor  John  Brough  died  in  1865  and  Governor  John  M.  Pattison  in 
1906. 


22  OHIO   INTERROGATION   POINTS. 

Governor  R.  B.  Hayes  served  three  terms  as  follows:  1868-1870,  1870- 
1872,  and  1876-1877.    He  resigned  in  February  1877  to  become  president. 

There  were  three  governors  who  made  four  races  each  for  the  office — 
Thomas  Worthington  1808,  1810,  1814  and  1816;  Allen  Trimble  1822,  1824, 
1826  and  1828 ;  J.  B.  Foraker  1883,  1885,  1887  and  1889.  The  former  two  were 
elected  on  their  third  and  fourth  races,  the  latter  was  defeated  on  his  first 
and  last  races. 

Governor  Wilson  Shannon,  who  was  born  February  24,  1802,  in  Bel- 
mont county,  was  Ohio's  first  native  to  be  elected  governor.    ' 

39.  What  governor-elect  was  disqualified  and  not  permitted  to  assume  of- 
fice? What  father  and  son  were  governors?  What  Ohio  governor  was 
elected  by  the  smallest  plurality?     What  one  by  the  largest? 

In  the  election  for  governor  in  1807,  Return  Jonathan  Meigs  received 
6050  votes  and  Nathaniel  Massie  4757.  Massie  contested  the  election  on  the 
ground  that  Meigs  had  not  been  a  resident  of  the  state  the  preceding  four 
years  as  required  by  the  constitution  of  1802.  Meigs  admitted  that  for  a 
part  of  the  time  he  had  been  a  U.  S.  judge  in  the  territory  of  Louisiana,  but 
claimed  that  as  it  was  a  federal  appointment  it  did  not  disqualify  him  and 
that  for  the  entire  period  he  regarded  Marietta  as  his  residence.  Such  a 
temporary  absence  would  not  today  be  considered  a  disqualification,  but  the 
general  assembly  by  a  vote  of  24  to  20  decided  that  he  was  ineligible  and 
called  another  election  for  the  following  year.  Thomas  Kirker,  speaker  of 
the  senate,  served  as  governor  until  another  election  was  held.  The  suc- 
ceeding general  assembly  elected  Meigs  U.  S.  senator.  Meigs  was  again 
elected  governor  in  1810  and  re-elected  in  1812.  ,  There  have  been  three 
changes  in  the  history  of  Ohio  in  the  year  of  election  of  governor.  Such 
elections  started  in  1803  with  the  odd  years.  The  Meigs  disqualification 
changed  the  election  to  even  years.  The  constitution  of  1851  changed  the 
year  to  odd  years,  which  continued  the  rule  until  the  constitutional  change 
made  in  1905.  Thus  there  were  gubernatorial  elections  in  1807  (a  failure  to 
elect)  and  again  in  1808.  There  was  one  in  1850  and  again  in  1851.  Pattison 
was  elected  governor  in  1905  and  the  next  election  for  governor  was  in  1908. 

On  the  resignation  of  Governor  Wilson  Shannon  in  April,  1844,  Thomas 
W.  Bartley,  of  Richland,  speaker  of  the  senate,  succeeded  him  as  governor. 
At  the  October  election  following,  his  father,  Mordecai  Bartley,  was  elected 
governor.  Both  were  residents  of  Richland  county.  The  father  was  a  Whig 
but  the  son  was  a  Democrat.  The  son  only  lacked  one  vote  of  the  nom- 
ination as  the  opposition  candidate  to  his  father  and  as  the  latter  was  elected 
by  a  plurality  of  only  1,271  over  David  Tod,  had  the  son  been  nominated  it 
might  have  resulted  in  the  defeat  of  the  father. 

The  smallest  plurality  ever  given  an  Ohio  governor  was  311  for  Sea- 
bury  Ford  over  John  B.  Weller  in  1848,  the  vote  being  148,756  to  148,445. 
The  largest  plurality  in  the  first  one  hundred  years  of  state  history  was 
101,098  for  Brough  over  Vallandigham  in  1863.  In  1903  Herrick  had  113,812 
over  Johnson  and  in  1910  Harmon  had  100,377  over  Harding.  The  record 
plurality  of  Ohio  history  was  166,823  in  1912  for  Cox  over  Brown. 

40.  What  Ohio  man  was  governor,  United  States  senator,  secretary  of  the 
treasury  and  chief  justice?  Did  Ohio  ever  have  a  Federalist  governor? 
How  many  of  the  eighty-eight  counties  have  never  furnished  a  governor? 

There  probably  never  resided  in  Ohio  an  abler  statesman  than  Salmon 
P.  Chase.     He  served  as  United  States  senator,  1849-1855,  as  governor,  1856- 


OHIO  INTERROGATION  POINTS.  23 

1859,  and  was  re-elected  to  the  senate  in  1860  but  was  soon  after  appointed 
by  Lincoln  secretary  of  the  treasury  and  served  1861-1864.  Lincoln  then  ap- 
pointed him  chief  justice  of  the  'Supreme  court  to  succeed  Taney.  He  served 
in  this  position  from  1864  until  his  death  in  1871. 

Ohio  elected  two  Federalist  governors,  Allen  Trimble  and  Duncan 
McArthur,  the  former  in  1826  and  1828  and  the  latter  in  1830. 

Twenty-five  counties  of  Ohio  have  furnished  governors  and  63  have 
never  been  so  honored.  Hamilton  furnished  11,  Ross  4,  Cuyahoga  3,  Butler, 
Franklin  Montgomery,  Richland  and  Warren  2  each,  and  Adams,  Belmont, 
Champaign,  Clark,  Clermont,  Fairfield,  Geauga,  Hardin,  Highland,  Mahoning, 
Pike,  Preble,  Sandusky,  Seneca,  Stark,  Trumbull  and  Washington  one  each. 
In  this  list  Hayes  is  credited  to  two  counties,  having  been  elected  from 
Hamilton  twice  and  later  from  Seneca.  Governor  Willis  was  the  44th  man 
to  serve  in  the  capacity  of  governor. 

41.  With  what  adjoining  state  was  war  imminent  over  a  boundary  dispute? 
When  and  how  was  this  controversy  settled?  Where,  as  to  the  Ohio 
river,  is  the  southern  boundary  located? 

The  most  serious  controversy  with  an  adjoining  state  in  which  Ohio 
has  ever  been  involved  was  the  Michigan  boundary  dispute  in  1835.  Michigan 
claimed  the  boundary  mentioned  in  the  Ordinance  of  1787  which  was  a  line 
drawn  from  the  southern  extremity  of  Lake  Michigan  due  east  to  Lake 
Erie.  .  This  would  have  given  Toledo  and  adjacent  territory  to  Michigan. 
The  Ordinance  of  1787  reserved  to  Congress  the  authority  to  annex  terri- 
tory to  Ohio  north  of  the  line  described.  The  Ohio  constitutional  con- 
vention of  1802  fixed  the  position  of  the  northern  boundary  by  proper 
description  in  the  constitution  and  this  constitution  was  accepted  by  Con- 
gress and  the  state  admitted.  In  this  way  the  national  government  was 
committed  to  the  boundary  line  claimed  by  Ohio. 

Governor  Mason,  of  Michigan  Territory,  in  1835,  reopened  the  dispute 
and  occupied  the  disputed  territory  with  militia.  Several  skirmishes  took 
place  along  the  border  and  several  Ohio  citizens  were  captured  and  im- 
prisoned by  the  Michigan  authorities.  Governor  Lucas,  of  Ohio,  called  the 
general  assembly  in  special  session  (the  first  special  session  called  by  a 
governor  in  the  history  of  the  state)  and  10,000  state  troops  were  arranged 
for  to  defend  Ohio  soil,  and  the  legislature  appropriated  $300,000  for  the 
expected  conflict,  and  authorized  Governor  Lucas  to  borrow  $300,000  more, 
if  necessary.  For  a  time  it  appeared  that  bloodshed  was  inevitable,  but 
President  Jackson  ended  the  trouble  by  the  removal  of  Governor  Mason,  and 
in  1836  Michigan  was  admitted  as  a  state  and  compensated  for  her  sup- 
posed loss  by  the  addition  of  the  upper  peninsula  to  the  new  state.  Very 
appropriately,  Ohio  named  part  of  the  disputed  territory  Lucas  County. 

The  southern  boundary  of  Ohio  is  low  water  mark  on  the  Ohio  side  of 
the  Ohio  River. 

_42.  Who  was  Blennerhassett?  Who  was  governor  of  Ohio  at  the  time  of 
Burr's  conspiracy?  Is  Blennerhassett  island  a  part  of  Ohio?  What 
United  States  senator  from  Ohio  was  forced  by  public  sentiment  to  re- 
sign, and  for  what  cause? 

Herman  Blennerhassett  was  an  Irishman  born  in  England  about  1764. 
He  came  to  America  and  located  at  Marietta  in  1797.  He  had  been  educated 
at    Dublin,   being   a    classmate   of    the  'famous    Emmet,      Before    coming   to 


24  OHIO  INTERROGATION  POINTS. 

America  he  inherited  $100,000.  About  fourteen  miles  below  Marietta,  in  the 
Ohio  river  near  Parkersburg,  is  an  island  now  known  as  Blennerhassett 
Island.  It  was  at  one  time  the  property  of  George  Washington.  It  contains 
290  acres,  and  belongs  to  the  state  of  West  Virginia,  being  a  part  of  Wood 
county.  Blennerhassett  purchased  170  acres  on  this  island  for  $4,500  and  built 
and  furnished  the  most  palatial  residence  then  in  the  west.  For  a  description 
of  this  magnificent  dwelling  and  its  surroundings  read  Wirt's  speech  at  the 
trial  of  Burr.  Here  the  Blennerhassetts  resided  from  1799  to  1807.  When 
Ex- Vice  President  Aaron  Burr,  after  his  defeat  for  president  by  Jefferson, 
made  his  historic  trip  down  the  Ohio,  he  spent  some  time  at  the  Blenner- 
hassett home  and  induced  Blennerhassett  to  join  in  his  expedition  down  the 
Mississippi.  For  this  enterprise  Blennerhassett  had  sixteen  boats  constructed 
at  Marietta  from  40  to  60  feet  in  length.  When  the  treasonable  character  of 
Burr's  undertaking  was  discovered,  Governor  Tiffin  of  Ohio,  ordered  the 
militia  at  Marietta  to  seize  the  boats.  Burr  and  Blennerhassett  hurried  down 
the  river  toward  New  Orleans  but  were  captured  and  taken  to  Richmond 
where  they  were  tried  and  acquitted.  Blennerhassett  returned  to  his  island  to 
find  that  a  flood  had  laid  it  in  ruins.  The  property  was  never  after  occupied, 
the  buildings  being  burned  in  1811.  Blennerhassett  died  in  poverty  in  Eng- 
land in  1821. 

While  at  Cincinnati  in  1806,  Burr  was  the  guest  of  U.  S.  Senator  Smith, 
of  Ohio.  The  legislature  later  demanded  the  resignation  of  Smith.  He  re- 
signed in  1808  and  was  succeeded  by  R.  J.  Meigs.  No  one  now  believes  that 
Smith  was  involved  in  the  conspiracy. 

43.  What  noted  foreigner  in  early  Ohio  history  visited  this  state  and  called 
it  the  eighth  wonder  of  the  world? 

General  Lafayette,  of  France,  who  fought  in  the  American  Revolution, 
revisited  America  in  1824-1825,  or  a  half  century  after  independence  was 
declared.  After  visiting  Kentucky,  he  arrived  at  Cincinnat  in  May,  1825, 
and  was  greeted  by  Governor  Jeremiah  Morrow  and  an  assemblage  of  50,000 
people.  He  then  ascended  the  Ohio  by  boat  to  Wheeling,  making  a  stop  to 
visit  the  French  settlers  at  Gallipolis.  He  was  accompanied  from  Cin- 
cinnati to  Wheeling  by  Governor  Morrow,  and  Ohio  paid  the  expenses  of 
the  trip.  At  Cincinnati  his  surprise  at  the  rapid  growth  of  Ohio  in  Popula- 
tion and  wealth  caused  him  to  refer  to  the  young  state  as  the  eighth  wonder 
of  the  world.  Ohio  at  this  time  had  750,000  population.  The  population  in 
1820  was  581,434,  being  then  the  fifth  state  in  population  and  exceeded  by 
New  York,  Virginia,  Pennsylvania  and  North  Carolina.  The  population  in 
1830  was  937,903,  or  fourth,  having  passed  North  Carolina.  In  1840,  with  a 
population  of  1,519,467,  it  became  third,  having  passed  Virginia,  and  it 
retained  that  rank  for  fifty  years  until  1890  when  it  again  became  fourth, 
Illinois  taking  the  third  rank. 

44.  What  towns  have  been  the  seat  of  state  government?     When  were  these 
changes  made? 

Chillicothe,  Zanesville  and  Columbus  are  the  only  towns  that  have  ever 
been  the  state  capital.  Chillicothe  was  the  first  state  capital.  The  first  state 
constitution  provided  that  Chillicothe  should  remain  the  state  capital  until 
1808.  Soon  after  the  expiration  of  this  limit  there  devoloped  opposition  to 
continuing  the  capital  at  Chillicothe.  A  petition  was  received  early  in  1810 
from  Zanesville  requesting  the  removal  of  the  capital  to  that  city  and  agree- 


OHIO  INTERROGATION  POINTS.  25 

ing  that  such  change  would  be  made  without  expense  to  the  state.  In 
December,  1810,  the  seat  of  state  government  was  changed  temporarily  to 
Zanesville  where  it  remained  two  years.  A  state  commission  consisting  of 
James  Finley,  Joseph  Darlington,  William  McFarland,  Willys  Silliman  and 
Rezin  Beall  was  named  by  the  legislature  to  seek  a  permanent  location  for 
the  capital.  Nine  sites  were  offered,  one  in  Delaware,  two  in  Pickaway  and 
the  others  in  Franklin  county.  The  recommendation  by  the  Commission  that 
Delaware  be  selected  was  rejected  by  the  legislature  and  the  offer  of  the 
present  site  in  Columbus  was  accepted  on  February  14,  1812.  This  offer  was 
made  by  Lyne  Starling,  Alex.  McLaughlin,  John  Kerr  and  James  Johnson  of 
Franklinton  (now  part  of  the  west  side  of  Columbus),  who  agreed  to  donate 
two  tracts  of  ten  acres  each  for  the  Capitol  building  and  the  penitentiary 
and  erect  buildings  for  both  purposes  at  a  total  cost  to  the  donors  of  not  to 
exceed  $50,000.  The  penitentiary  was  built  first,  law  breakers  being  pro- 
vided for  before  lawmakers.  The  legislature  also  provided  that  until  the 
new  state  house  was  ready  for  occupancy,  Chillicothe  should  be  the  tem- 
porary capital.  The  legislature  met  at  Chillicothe  December  7,  1812  and  the 
capital  remained  there  until  1816.  The  first  session  of  the  general  assembly 
in  Columbus  met  December  2,  1816.  While  Columbus  was  selected  as  the 
permanent  state  capital  in  1812,  yet  as  late  as  1840  there  was  a  proposition 
before  the  legislature  to  remove  the  seat  of  government  from  Columbus. 

The  old  state  house  which  stood  on  the  south-west  corner  of  the  Capitol 
grounds  and  was  burned  in  1852  had  a  stone  above  the  entrance  with  the 
following  inscription   from   Barlow's   Columbiad  carved  on  its   face: 

"The  equality  of  right  is  nature's  plan, 
And  following  nature  is  the  march  of  man ; 
Based  on  its  rock  of  right  your  empire  lies, 
On  walls  of  wisdom  let  the  fabric  rise. 
Preserve  your  principles,  their  force  unfold, 
Let  nations  prove  them,  and  let  kings  behold. 
Equality  your  first  firm  grounded  stand, 
Then  free  elections,  then  your  union  band; 
This  holy  triad  should  forever  shine,. 
The  great  compendium  of  all  rights  divine. 
Creed  of  all  schools,  whence  youths  by  millions  draw, 
Their  theme  of  right,  their  decalogue  of  law, 
Till  man  shall  wonder   (in  these  schools'  inured) 
How  wars  were  made,  how  tyrants  were  endured." 

45.     How  was  a  business  organization  incorporated  under  the  first  constitu- 
tion? 

Under  the  Constitution  of  1802  every  act  of  incorporation,  whether  for 
profit  or  otherwise,  was  by  a  special  law  passed  by  the  general  assembly. 
These  special  acts  of  incorporation  occupied  much  of  the  time  of  the  legisla- 
ture in  early  Ohio  history.  If  the  patriotic  society  of  skunk  hunters  of 
Weasel  township  wished  to  incorporate,  the  general  assembly  had  to  pass  a 
special  act  granting  such  articles  of  incorporation.  The  legislature  under  the 
first  constitution  spent  most  of  its  time  passing  acts  of  a  local  nature  and 
performing  certain  functions  that  are  today  constitutionally  prohibited.  Di- 
vorces were   often  granted  by  the   legislature;   in   fact,   until   1851   divorces 


26  OHIO  INTERROGATION  POINTS. 

could  not  be  granted  by  the  common  pleas  court,  but  only  by  the  supreme 
court  or  the  general  assembly.  All  articles  of  incorporation  are  now  issued 
by  the  secretary  of  state  under  general  laws  of  uniform  application  through- 
out the  state.  The  Constitution  of  1851  abolished  the  old  evil  of  granting 
special  privileges  to  favored  corporations.  Article  XIII,  Sec.  1,  says:  "The 
general  assembly  shall  pass  no  special  act  conferring  corporate  powers." 

46.  What  important  change  in  Ohio  elections  was  made  in  1886?  When  was 
the  Australian  ballot  first  used  in  Ohio?  When  were  all  nominating 
conventions  abolished  in  Ohio? 

In  1885  three  constitutional  amendments  were  adopted  changing  state, 
district  and  county  elections  from  October  to  November.  These  amend- 
ments, by  being  printed  affirmatively  on  all  party  ballots,  were  adopted  by 
over  480,000  majority,  there  being  less  than  55,000  opposition  votes.  The 
first  state  election  in  November  was  held  in  1886.  This  change  eliminated  a 
great  amount  of  disreputable  political  methods  which  had  been  practiced  at 
October  elections  presidential  years  to  influence  the  national  election  one 
month  later. 

The  Australian  ballot,  which  originated  in  South  Australia  in  1856  and 
was  adopted  in  Massachusetts  in  1888,  was  first  used  in  Ohio  in  the  fall  of 
1891.  The  present  form  is  unsatisfactory.  We  will  never  have  intelligent, 
discriminating  voting  until  the  party  emblems  are  removed  irom  the  ballot 
and  every  voter  is  compelled  to  vote  for  the  man  and  not  the  party. 

All  nominating  conventions  were  abolished  in  Ohio  by  the  adoption  in 
1912  of  the  Direct  Primary  Amendment.  The  one  public  act  in  the  life  of 
the  author  of  this  publication  "Ohio  Interrogation  Points"  of  which  he  is 
justly  proud  was  in  being  the  "father"  of  the  Direct  Primary  Amendment. 
Previously,  the  politicians  selected  the  candidates,  now  all  candidates  are 
selected  by  the  people.  The  last  nominating  conventions  were  held  in  1912. 
The  first  state  conventions  to  adopt  platforms  alone  were  held  in  1914. 

47.  Why  was  the  date  of  regular  elections  by  the  act  of  January  23,  1845, 
fixed  for  Tuesday  after  the  first  Monday  in  November  instead  of  the 
first  Tuesday?  In  what  municipalities  is  registration  required?  Are 
voters  in  all  cities  required  to  register  annually? 

Had  the  regular  election  been  fixed  for  the  first  Tuesday  of  November 
it  would  sometimes  occur  on  the  first  day  of  November,  which  is  All 
Saints"  Day,  an  important  feast  day  in  certain  churches.  By  holding  elec- 
tions on  Tuesday  after  the  first  Monday  it  is  impossible  for  elections  to 
occur  on  All  Saints'  Day. 

Registration  of  all  voters  is  required  in  all  cities  in  Ohio  having  11,800 
or  more  population  by  the  last  Federal  census.  In  such  cities,  those  having 
less  than  100,000  have  general  registrations  every  four  years,  while  all  cities 
of  100,000  or  more  population  have  annual  registrations. 

Such  registrations  are  a  needless  and  useless  expense,  and  are  main- 
tained to  furnish  employment  on  registration  days  to  certain  party  workers. 
Registration  lists  should  be  perpetual  and  changes  should  be  made  only  on 
removal  or  to  add  the  names  of  new  voters.  The  change  indicated  would 
save  from  $50,000  to  $100,000  annually. 

48.  What  is  the  distinction  in  Ohio  between  a  city  and  a  village?  How 
many  cities  in  the  state  by  the  census  of  1910?  Can  a  village  be  incor- 
porated in  spite  of  opposition  by  a  majority  of  its  voters? 


OHIO  INTERROGATION  POINTS.  27 

When  the  supreme  court  in  1902  declared  all  special  acts  as  to  the 
government  of  particular  municipalities  unconstitutional,  it  forced  the  call- 
ing of  a  special  session  of  the  general  assembly,  to  pass  general  laws  as  to 
city  and  village  governments  applicable  to  all  the  municipalities  of  the  state. 
The  municipal  code  of  1902  divided  all  municipalities  into  two  classes  — 
cities  and  villages  —  and  made  a  population  of  5,000  the  division  line.  Towns 
of  less  than  5,000  population  are  villages.  By  the  census  of  1910  there  were 
82  cities  in  Ohio.  Since  1910  Madisonville  has  been  annexed  to  Cincinnati 
and  Newburgh  to  Cleveland,  reducing  the  number  of  cities  in  Ohio  to 
eighty.  Over  half  the  population  of  the  state  is  in  these  eighty  cities,  their 
total  in  1910  being  2,624,185  out  of  4,767,121  in  the  whole  state.  From  1900 
to  1910  there  was  a  decrease  in  the  total  population  of  the  state  outside  these 
eighty  cities. 

Villages  may  be  incorporated  either  by  the  county  commissioners  or 
the  township  trustees  when  petitions  are  presented  asking  for  such  incorpora- 
tion. If  the  petitions  are  presented  to  the  trustees  the  latter  must  submit  the 
proposition  to  a  vote.  If  a  petition  of  thirty  electors  or  more  is  presented 
to  the  county  commissioners,  the  latter  may  grant  same  without  a  vote.  The 
commissioners  may  be  enjoined  from  granting  the  incorporation  but  when 
such  injunction  proceedings  are  heard  in  court,  the  latter  can  approve  the 
act  of  the  board  of  commissioners  without  permitting  a  vote. 

49.  Which  is  the  oldest  county  in  Ohio?  What  portion  of  the  present  state 
did  it  originally  comprise?  What  and  when  was  the  eighty-eighth 
county  organized?  Which  is  the  largest  county  and  the  smallest  county 
in  Ohio?     What  is  the  highest  point  of  land  in  the  state? 

Washington  county,  organized  July  27,  1788,  is  the  oldest  county  in 
Ohio.  It  at  first  embraced  nearly  one-half  of  the  present  state  and  included 
all  eastern  Ohio  as  far  west  on  Lake  Erie  as  the  present  city  of  Cleveland. 
Its  western  boundary  was  the  rivers  Cuyahoga,  Tuscarawas  and  Scioto. 
Hamilton  county  was  organized  second. 

The  last  county  created  was  Noble,  March  11,  1851.  It  was  formed 
from  portions  of  Monroe,  Washington,  Morgan  and  Guernsey. 

Ashtabula  with  723  square  miles  is  the  largest  county  and  Lake  with  241 
square  miles  is  the  smallest.  There  are  eight  counties  with  over  600  square 
miles  —  Ashtabula,  Licking,  Ross,  Muskingum,  Trumbull,  Washington,  Scioto 
and  Wood.  There  are  three  with  less  than  300  square  miles  —  Lake,  Erie 
and  Ottawa. 

The  highest  point  of  land  in  Ohio  is  a  hill  near  and  east  of  Bellefontaine. 
Its  elevation  above  sea  level  is  1550.  The  lowest  land  in  the  state  is  in 
Hamilton  county,  about  420  feet  above  sea  level.  Lake  Erie  is  564  feet  above 
the  sea.    Marietta  and  Cleveland  are  at  the  same  level. 

50.  How  can  a  new  county  be  created?  How  many  square  miles  must  it 
contain?  Who  has  authority  to  create  a  new  township?  What  county 
officials  can  serve  only  two  terms  in  succession? 

Article  II,  Sec.  30,  of  the  constitution,  says :  "No  new  county  shall  con- 
tain less  than  400  square  miles  nor  shall  any  county  be  reduced  below 
that  amount."  But  it  provides  an  exception  that  a  county  of  100,000  or 
more  inhabitants  may  be  divided  if  each  division  contains  20,000  or  more 
inhabitants. 

The  general  assembly  has  power  to  create  new  counties,  but  the  matter 
must  be  submitted  to  a  vote  in  all  counties  affected  by  the  change. 


28  OHIO  INTERROGATION  POINTS. 

Townships  may  be  created  by  the  county  commissioners  when  petitioned 
for  by  a  majority  of  the  householders  in  the  townships  affected.  No  town- 
ship shall  be  created  with  less  than  22  square  miles  nor  shall  any  township 
be  reduced  below  that  size  unless  it  contains  a  city  or  village  corporation. 

Article  X,  Sec.  3,  of  the  Constitution  limits  county  treasurers  and 
sheriffs  to  four  years  in  any  period  of  six  years.  They  cannot  serve  three 
terms  in  succession. 

51.  When,  where  and  by  whom  was  the  Greenville  treaty  line  established? 
What  was  the  only  great  treaty  made  with  Ohio  Indians  after  the  ad- 
mission of  the  state?  When  and  by  whom  was  this  treaty  made  and 
what  were  its  provisions? 

The  Greenville  Treaty  was  made  by  General  Wayne,  August  3,  1795, 
with  Tarhe,  Blue  Jacket,  Little  Turtle,  and  other  Indian  chiefs  representing 
the  Wyandot,  Delaware,  Shawnee,  Miami,  Ottawa,  Chippewa,  Pottawatamie 
and  other  tribes.  There  were  1,130  Indians  present  at  the  great  meeting  in 
the  present  county  of  Darke.  The  boundary  between  the  whites  and  Indians, 
known  as  the  Greenville  Treaty  Line,  was  established  starting  with  the 
mouth  of  the  Cuyahoga  and  following  that  stream  and  the  Tuscarawas  to 
near  Ft.  Laurens,  thence  in  a  westerly  direction  to  Ft.  Recovery  in  Mercer 
county,  thence  south  to  the  Ohio  river  near  the  present  Indiana  line.  For 
the  territory  south  and  east  of  this  line,  comprising  two-thirds  of  Ohio, 
the  Indians  received  $20,000.00  in  goods  and  $9,500.00  annually  for  five  years. 
The  Greenville  treaty  was  made  possible  by  Wayne's  great  victory  at  Fallen 
Timbers  in  1794. 

The  most  notable  treaty  with  the  Indians  made  in  Ohio  after  its  ad- 
mission was  the  treaty  at  Maumee  Rapids  (Perrysburg,  Wood  County)  made 
September  29,  1817,  by  which  most  of  the  territory  north  and  west  of  the 
Greenville  treaty  line  was  ceded  by  the  Indians. 

Several  other  treaties  were  made  with  Ohio  Indians  after  1803.  The 
most  important  were  the  following: 

The  treaty  at  Ft.  Industry  (Toledo)  July  4,  1805,  by  which  the  Indians 
ceded  all  the  Western  Reserve  west  of  the  Cuyahoga  River,  including  the 
Fire  Lands  and  all  the  region  to  the  south,  east  of  a  line  running  from  the 
west  boundary  of  the  Fire  Lands  south  to  the  Greenville  Treaty  Line. 

The  treaty  of  Detroit,  November  17,  1807,  by  which  the  Indians  ceded 
the  land  north  of  the  Maumee  as  far  west  as  the  mouth  of  the  Auglaize. 

The  second  treaty  of  Greenville,  following  the  War  of  1812,  made  by 
Harrison,  Cass  and  Shelby,  January  22,  1814,  which  secured  peace  with  the 
Indians  but  gained  no  new  territory. 

The  great  treaty  at  Maumee  Rapids,  already  mentioned,  made  by 
Generals  Cass  and  McArthur,  September  29,  1817,  by  which  the  Wyandot, 
Seneca,  Shawnee,  Pottawatamie,  Chippewa  and  Delaware  Indians  ceded  all 
remaining  territory  in  Ohio  except  a  tract  along  the  Indiana  line  north  of 
the  Greenville  Treaty  Line  and  a  few  small  reservations  from  three  to 
twelve  miles  square  scattered  over  northwestern  Ohio. 

The  treaty  at  St.  Mary's,  October  6,  1818,  by  which  the  Miami  Tribe 
ceded  the  tract  along  the  Indian  Line  above  mentioned.  The  small  reserva- 
tions granted  by  the  Maumee  Rapids  treaty  were  ceded  by  the  Indians  later 
at  various  dates  up  to  1842. 

52.  Name  six  famous  Indian  chiefs  that  resided  in  the  present  limits  of 
Ohio.     Name  the  most  noted  Indian  ever  born  on  Buckeye  soil.     When 


OHIO  INTERROGATION  POINTS.  29 

was  title  acquired  from  the  Indians  for  the  last  reservation  held  in  the 
state?  Give  the  name  of  this  tribe,  the  date  of  its  departure  from  the 
state  and  the  place  of  its  final  settlement. 

About  the  time  of  the  first  settlement,  Ohio  was  occupied  by  a  number 
of  Indian  tribes.  Southeastern  Ohio  was  claimed  by  the  Shawnees.  The 
Miamis  occupied  southwestern  Ohio.  The  Mingoes  were  in  the  extreme 
east  and  were  outlaws  from  the  Senecas.  The  Delawares  were  located  on 
the  Tuscarawas  and  their  relatives,  the  Wyandots,  in  northern  Ohio.  The 
Ottawas,  Hurons  and  Chippewas  were  in  the  northwest  and  the  Cherokees 
in  the  south.  Most  of  these  tribes  were  Algonquins,  but  the  whole  region 
was  claimed  by  the  warlike  Iroquois  of  the  northeast. 

The  most  noted  Indian  ever  born  within  the  limits  of  Ohio  was 
Tecumseh,  who  was  a  Shawnee,  born  at  Piqua  in  1768  and  was  killed  by 
Colonel  Johnson  (afterward  Vice  President)  at  the  battle  of  the  Thames  in 
Canada  in  1813. 

There  is  not  a  proper  appreciation  among  pupils  of  Ohio  schools  and 
colleges  of  the  ability  and  many  noble  traits  of  character  of  some  of  the 
.famous  Indian  chiefs  who  fought  'for  their  rights  to  Buckeye  soil,  from 
Pontiac's  conspiracy  in  1763  to  Tecumseh's  death  in  1813  —  a  perilous  and 
bloody  half  century.  These  great  leaders  of  their  race  possessed  as  excep- 
tional military  genius  as  did  Lee,  Grant,  Jackson,  Thomas  and  Sheridan. 
Every  right-thinking  American  citizen  honors  the  memory  of  men  of  ex- 
traordinary endowment  of  every  race  who  defended  their  homes  and  valiantly 
contended  for  what  they  believed  to  be  right.  Pontiac,  Cornstalk,  Tarhe, 
Joseph  Brant,  Logan,  Little  Turtle,  Blue  Jacket  and  Tecumseh  were  all 
men  of  great  intellect,  and  most  of  them  were  heroes  worthy  to  rank  with 
the  greatest  generals  of  all  the  ages. 

The  following  'famous  Indian  chiefs  were  leaders  in  many  a  conflict 
on  Buckeye  soil : 

Pontiac,  an  Ottawa,  born  in  Ohio  at  the  mouth  of  the  Auglaize  in 
1720,  was  present  at  the  destruction  of  Braddock's  army.  Pontiac's  con- 
spiracy of  1763,  resulting  in  the  uprising  of  many,  tribes  and  a  number  of 
shocking  massacres,  was  probably  the  most  terrible  Indian  war  ever  waged 
around  the  Great  Lakes.  He  made  peace  in  1765  and  was  assassinated  by 
an  Indian  in  1769. 

Cornstalk  was  a  Shawnee  born  in  1720,  the  year  of  Pontiac's  birth.  In 
his  battle  with  General  Lewis  at  Pt.  Pleasant,  West  Virginia,  October  10, 
1774,  during  the  Dunmore  war,  where  his  1,000  braves  were  overpowered 
by  1,100  Virginia  volunteers,  he  exhibited  such  skill  in  handling  his  followers 
that  he  gained  the  respect  of  his  white  foes.  He  was  treacherously  murdered 
by  the  whites  in  1777  at  Pt.  Pleasant  when  on  a  mission  of  friendship.  He 
is  now  honored  by  a  statue  at  the  place  of  his  assassination. 

Joseph  Brant,  a  Mohawk,  1742-1807,  who  became  the  chief  of  the  Six 
Nations,  was  educated  at  Lebanon,  Connecticut,  where  he  became  acquainted 
with  and  formed  an  attachment  for  Louisa  St.  Clair,  daughter  of  Governor 
St.  Clair,  and  his  later  cruelties  in  the  Indian  wars  were  said  to  have  resulted 
from  his  unsuccessful  quest  for  the  hand  of  the  fair  Louisa. 

Logan,  the  Mingo,  born  in  1725,  resided  for  many  years  near  the  present 
town  of  Circleville.  His  sister  and  other  relatives  were  massacred  at 
Yellow  Creek.  He  became  embittered  toward  the  whites  and  blamed 
Cresap,  but  Greathouse  and  not  Cresap  was  the  guilty  white  leader.  The 
elm   under  which  Logan  is  supposed  to  have  delivered   the   famous  speech 


30  OHIO  INTERROGATION  POINTS. 

so  familiar  to  every  schoolboy  is  today  a  noted  landmark  of  Pickaway 
county.     Logan  was  killed  by  a  nephew  in  1780. 

Little  Turtle,  a  Miami,  1752-1812,  as  a  warrior  and  later  as  a  loyal 
citizen,  ranks  as  one  of  the  noblest  characters  of  his  race.  He  exhibited 
great  skill  in  the  battles  in  which  he  inflicted  humiliating  defeats  on  General 
Harmar  on  the  Miami  in  Montgomery  county,  October  22,  1700,  and  on 
Governor  St.  Clair  at  the  present  site  of  Ft.  Recovery  in  Mercer  county, 
November  4,  1791.  He  took  part  in  the  battle  with  Wayne  at  Fallen  Timbers 
and  in  the  Greenville  treaty,  and  never  again  broke  faith  with  our  govern- 
ment. 

Blue  Jacket,  a  famous  Shawnee  chief,  was  the  leader  of  the  Indian 
forces  in  the  battle  with  Wayne  at  Fallen  Timbers  in  Lucas  county,  August 
5,  1794.  Little  Turtle  opposed  continuing  the  war  after  St.  Clair's  defeat 
and  was  succeeded  in  command  by  Blue  Jacket.  The  latter  was  one  of  the 
chiefs  who  signed  the  Greenville  treaty. 

Tarhe,  called  Crane  by  the  whites,  was  a  Wyandot,  1742-1818.  He 
'fought  at  Pt.  Pleasant  and  in  the  battles  in  northwestern  Ohio,  including 
Fallen  Timbers,  and  was  one  of  the  signers  of  the  Greenville  treaty.  He 
later  opposed  Tecumseh's  uprising  and  fought  under  Harrison  against 
Tecumseh  at  the  battle  of  the  Thames.  General  Harrison  praised  Tarhe's 
faithfulness  and  stated  that  he  was  the  noblest  of  all  the  Indians. 

Tecumseh,  the  most  noted  Indian  chief  in  American  history,  was  a 
Shawnee.  His  father  was  killed  at  Pt.  Pleasant  and  a  brother  at  Fallen 
Timbers.  The  disastrous  defeat  of  his  brother,  the  Prophet,  at  Tippecanoe 
by  Harrison  November  7,  1811,  was  due  to  the  absence  of  Tecumseh  in 
the  south.  Tecumseh  fought  at  the  Raisin  and  opposed  the  massacre.  He 
was  with  General  Proctor  at  the  sieges  of  Ft.  Meigs  and  Ft.  Stephenson 
and  he  compelled  General  Proctor  to  stop  his  retreat  in  Canada  and  fight 
the  battle  of  the  Thames  where  Tecumseh  was  killed.  He  was  the  last 
great  Indian  chief  in  the  region  of  the  Great  Lakes. 

By  a  treaty  by  Col.  John  Johnson,  for  many  years  an  Indian  agent 
in  northwestern  Ohio,  made  March  17,  1842,  with  the  Wyandot  Indians, 
that  tribe  agreed  to  cede  their  lands,  a  tract  12  miles  square  in  what  is  now 
Wyandot  county,  and  move  to  the  Indian  Territory.  The  Wyandots,  once 
a  numerous  tribe,  had  less  than  800  members  at  that  time.  It  was  the  last 
tribe  in  Ohio  and  the  removal  to  its  new  reservation  in  the  Indian  Territory 
occurred  in  July,  1843. 

53.  Did  Ohio  ever  require  the  military  training  of  every  able  bodied  man 
as  is  now  the  rule  in  Europe?  How  many  times  has  the  state  been  in- 
vaded by  hostile  forces?  What  was  the  most  noted  battle  in  Ohio  since 
the  admission  of  the  state? 

In  the  early  years  of  the  state  the  laws  required  every  able  bodied 
man  of  the  age  subject  to  military  service  (18  to  45  years)  to  arm  himself 
with  rifle,  bayonet,  knapsack,  ammunition  and  two  extra  flints  and  meet  at 
least  four  times  each  year  with  his  company  for  training  arid  once  each 
year  with  his  regiment.  Quakers  and  others  conscientiously  opposed  to 
bearing  arms  could  be  excused  by  paying  three  dollars  yearly  for  the  use 
of  the  regiment. 

The  state  was  invaded  by  hostile  forces  in  the  War  of  1812  and  the 
Civil  War.  In  1813  General  Proctor  with  a  British  force  accompanied  by 
a  large  body  of  Indians  under  Tecumseh  invaded  northwestern  Ohio  and 
laid  siege  to  Fort  Meigs  on  the  Maumee  in  Wood  county  which  had  been 


Ohio  interrogation  points.  31 

built  and  was  defended  by  General  Harrison.  The  first  siege  lasted  from 
April  27th  to  May  9th  and  the  second  from  July  20th  to  July  28th.  The 
British  were  repulsed  in  both  attacks.  The  massacre  of  the  relief  party 
of  800  Kentuckians  under  Colonel  Dudley,  near  Ft.  Meigs,  occurred  during  the 
first  siege.  Proctor  and  Tecumseh  then  descended  to  the  lake  and  ascended 
the  Sandusky  to  where  Fremont  now  stands  and  laid  siege  to  Ft.  Stephenson 
which  was  defended  by  Major  George  Croghan,  aged  21,  with  160  men. 
Proctor  had  800  British  and  Tecumseh  2,000  Indians.  The  siege  occurred 
August  1st  and  2nd  and  resulted  in  a  bloody  repulse  of  the  enemy,  Croghan 
losing  but  one  man.  This  was  one  of  the  most  notable  successes  on  land 
during  the  war. 

During  the  Civil  War  General  John  Morgan  invaded  the  state  with 
a  force  of  about  2,000.  He  entered  the  state  at  Harrison,  in  Hamilton 
county,  July  13,  1863.  He  marched  through  Hamilton,  Clermont,  Brown, 
Adams,  Pike,  Jackson,  Vinton,  Athens,  Gallia  and  Meigs.  He  attempted 
to  cross  the  Ohio  at  Portland  but  was  prevented  and  turned  north,  cross- 
ing the  Muskingum  at  Eagleport  in  Morgan  county  and  proceeded  north- 
'  east  and  was  finally  captured  July  26th  near  Salineville  in  Columbiana 
county. 

The  most  noted  battle  within  the  limits  of  Ohio  was  the  victory  of 
Oliver  Hazard  Perry  near  Sandusky  on  Lake  Erie,  September  10,  1813. 
Perry  had  nine  vessels  with  55  guns  and  the  British  six  vessels  with  63 
guns.  There  were  about  500  men  on  each  fleet.  In  the  midst  of  the 
battle,  Perry's  flagship  Lawrence  becoming  disabled,  he  rowed  in  a  boat 
to  the  Niagara  and  continued  the  fight  until  every  vessel  of  the  enemy 
surrendered.  This  notable  victory  cleared  the  lake  of  the  British  and  made 
possible  the  invasion  of  Canada  by  the  American  army. 

54.  How  many  soldiers  did  Ohio  furnish  to  the  War  of  1812,  Mexican,  Civil 
and  Spanish  wars?  Give  the  commanders  of  the  three  regiments  en- 
listed in  Ohio  by  General  Meigs  for  service  in  the  war  of  1812. 

Ohio  has  taken  the  front  rank  in  patriotism  in  every  war  since  the 
Revolution.  In  the  War  of  1812  she  contributed  23,951  volunteers,  or  one- 
third  of  all  males  in  the  state  over  21  years  of  age  and  over  half  those  sub- 
ject to  military  duty.  This  body  of  brave  Ohio  soldiers  was  15  per  cent, 
of  the  entire  military  forces  of  the  United  States  that  were  engaged  in 
the  war.  In  the  Mexican  war  her  record  was  equally  honorable  for  she 
contributed  5,500  volunteers  out  of  56,926  furnished  by  all  the  states.  This 
was  in  excess  of  any  other  northern  state.  Many  thousands  more  of  Ohio 
citizens  offered  their  services  but  were  not  required. 

In  the  Civil  War  Ohio's  record  was  unequalled,  ifor  in  addition  to 
furnishing  nearly  half  the  prominent  Union  commanders,  she  contributed 
340,000  of  the  2,668,000  soldiers  in  the  northern  armies.  The  great  state 
Massachusetts,  the  cradle  of  liberty,  the  source  and  center  of  abolition 
sentiment,  only  furnished  146,000.  Lincoln  in  1860  received  221,809  votes 
in  Ohio.  Many  of  these  voters  were  from  50  to  80  years  of  age  and  did 
not  volunteer,  yet  Ohio  furnished  nearly  140,000  more  soldiers  than  the 
total  vote  for  Lincoln. 

In  the  Spanish  war,  out  of  200,000  volunteers  furnished  by  all  the 
states,  Ohio   furnished   15,200.* 

Ohio's  three  regiments  in  the  War  of  1812  were  commanded  by 
Duncan  McArthur,  James  Finley  and  Lewis  Cass.  The  latter  later  located 
in  Michigan  and  was  a  candidate  for  president  in  1848  against  Taylor. 


32  OHIO  INTERROGATION  POINTS. 

55.  Name  six  noted  Ohio  officers  in  the  Mexican  War.  Name  twelve  natives 
of  Ohio  who  were  famous  Civil  War  generals.  Name  five  such  in  the 
Spanish  war. 

The  most  noted  volunteer  officer  from  Ohio  in  the  Mexican  War 
was  Brigadier  General  Thomas  L.  Hamer,  of  Brown  county,  who  died  at 
Monterey,  December  2,  1846.  Other  prominent  volunteer  officers  were 
Colonels  George  W.  Morgan,  A.  M.  Mitchell  and  George  W.  McCook. 
Among  the  officers  in  the  regular  army  who  were  natives  of  Ohio  and  who 
afterward  became  famous  were  U.  S.  Grant,  W.  T.  Sherman,  Don  Carlos 
Buell  and  Irvin  McDowell. 

Among  the  noted  Civil  War  generals  who  were  natives  of  Ohio  were 
U.  S.  Grant,  W.  T.  Sherman,  Phil  H.  Sheridan,  William  S.  Rosecrans, 
James  B.  McPherson,  O.  M.  Mitchell,  Q.  A.  Gilmore,  Irvin  McDowell, 
George  A.  Custer,  Don  Carlos  Buell,  James  A.  Garfield  and  R.  B.  Hayes. 
There  were  15  in  the  two  noted  McCook  families  of  Carroll  county  that 
served  in  the  Union  armies  and  were  known  as  the  "Fighting  McCooks." 
Several  of  these  were  prominent  generals. 

The  following  natives  of  Ohio  were  prominent  in  the  Spanish  War : 
Generals  Henry  W.  Lawton,  A.  R.  Chaffee,  Fred  Funston,  Thomas  Mc- 
Arthur  Anderson,  Henry  C.  Corbin  and  J.  Warren  Kiefer. 

56.  What  Ohio  Civil  war  regiment  furnished  a  noted  general,  a  member  of 
the  United  States  supreme  court  and  two  presidents?  What  famous 
prisons  for  captured  rebels  were  located  in  Ohio? 

The  23rd  Regiment  O.  V.  I.,  w&ich  was  organized  at  Camp  Chase  in 
June,  1861,  and  mustered  out  at  Cumberland,  Maryland,  July  26,  1865,  had 
as  its  first  Colonel  William  S.  Rosecrans.  Later  it  was  commanded  by 
R.  B.  Hayes,  with  Stanley  Matthews  as  Lieutenant  Colonel.  William 
McKinley  was  captain  in  the  regiment.  The  regiment  saw  service  at 
Antietam  and  was  with  Sheridan  at  Winchester. 

One  of  the  famous  prisons  for  captured  Rebels  was  located  on  John- 
son's' Island  near  Sandusky  in  Ottawa  county.  It  was  exclusively  for 
officers  and  was  opened  early  in  1862  and  used  till  the  close  of  the  war. 
At  times  there  were  over  3,000  Confederate  officers  in  this  prison  —  suf- 
ficient to  officer  an  army  of  nearly  100,000.  Two  hundred  and  sixty  died 
and  are  buried  on  the  island. 

Camp  Chase,  west  of  Columbus,  was  also  a  prison  for  Rebel  soldiers. 
The  first  Confederate  prisoners  were  brought  to  Camp  Chase  July  5,  1861. 
The  maximum  number  of  prisoners  was  reached  in  1863  when  over  8,000 
were  confined  at  Camp  Chase.  Like  all  prisons  north  and  south,  many 
prisoners  died  of  disease,  exposure  and  from  lack  of  care,  proper  food  and 
sanitary  conditions.  There  is  a  neatly  kept  Confederate  cemetery  at  Camp 
Chase  where  2,260  Confederates  are  buried. 

57.  Who  were  the  Ohio  Civil  war  governors,  United  States  senators  and 
cabinet  officers?  What  Ohio  man  made  possible  the  securing  of  suffi- 
cient funds  by  the  national  government  to  prosecute  the  Civil  War  to 
final  success? 

The  Ohio  Civil  War  governors  were  William  Dennison  1860-1862, 
David  Tod  1862-1864,  and  John  Brough  1864-1865. 

The  United  States  senators  from  Ohio  were  John  Sherman  and 
Benjamin    F.    Wade. 


OHIO  INTERROGATION  POINTS.  33 

The  Ohio  men  in  Lincoln's  cabinet  were  Salmon  P.  Chase,  Secretary 
of  the  Treasury  1861-1864,  Edwin  M.  Stanton,  Secretary  of  War  1862-1865, 
William  Dennison,  Postmaster  General  1864-1866. 

Jay  Cooke,  of  Philadelphia,  who  was  born  in  Huron  county,  Ohio, 
August  10,  1821,  did  more  to  finance  the  Federal  cause  in  the  Civil  War 
than  any  other  man.  In  1862  he  furnished  funds  amounting  to  $500,0()0,000. 
Public  criticism  of  this  method  of  selling  bonds  through  private  manage- 
ment caused  the  government  to  attempt  to  raise  its  own  funds,  but  the 
effort  failed  and  in  January,  1865,  Cooke  was  again  given  a  contract  to 
raise  not  less  than  $2,500,000  daily.  For  nearly  five  months  he  furnished 
an  average  of  $5,000,000  daily,  his  record  day's  sale  of  government  bonds 
being  $42,000,000. 

58.  What  were  the  "Black  Laws"?  When  were  they  passed  and  when  re- 
pealed? What  Ohio  statesman  was  chiefly  instrumental  in  their  repeal? 
What  laws  in  relation  to  the  colored  citizens  of  Ohio  were  passed  in 
1887? 

The  'famous  Ohio  "black  laws"  were  passed  in  1804  and  amended  and 
made  more  drastic  in  1807.  They  were  to  regulate  the  admission  to  the 
state  of  black  and  mulatto  persons  and  prescribed  the  manner  in  which  they 
might  become  residents  of  the  state.  They  had  to  produce  a  certificate 
from  the  court  at  their  last  place  of  residence  showing  that  they  were  free. 
This  had  to  be  recorded  by  the  clerk  of  the  county  and  renewed  every 
two  years  thereafter.  No  white  man  was  permitted  to  harbor  a  black  who 
could  not  produce  such  a  certificate.  Other  requirements  will  be  enumerated 
in  the  answer  to  question  No.  60:  These  laws  were  repealed  in  1849  largely 
through  the  efforts  of  Salmon  P.  Chase.  The  repeal  bill  was  introduced 
by  John  F.  Morse  of  Lake  county. 

Colored  citizens  were  not  given  equal  rights  with  whites  until  1887. 
The  law  of  1887  repealed  the  law  of  1853  requiring  separate  schools  for 
blacks  and  the  law  of  1861  which  prohibited  the  intermarriage  of  the  races. 

59-  Has  Ohio  ever  prohibited  the  intermarriage  of  the  races?  Were  negroes 
permitted  to  vote  in  Ohio  previous  to  the  Civil  War? 

The  "Black  Laws"  oif  1807  made  it  a  penal  offense  for  a  black  or 
mulatto  to  marry  a  white.  For  80  years  laws  of  the  state  made  intermar- 
riage of  the  races  a  crime  punishable  by  fine  and  imprisonment  and  the  judge 
who  issued  such  a  license  and  the  minister  or  officer  who  solemnized  the 
marriage  were  subject  to  a  like  fine  and  imprisonment.  When  the  last  of 
the  obnoxious  and  unjust  "Black  Laws"  were  all  finally  repealed  in  1887,  the 
general  assembly  went  to  the  opposite  extreme  and  legalized  the  intermar- 
riage of  the  races,  a  serious  mistake  that  right  thinking,  intelligent  citizens 
of  both  races  now  regret  and  regard  as  a  legislative  blunder. 

Negroes  were  not  permitted  to  vote  in  Ohio  until  the  adoption  of 
Article  XV  of  the  U.  S.  Constitution  in  1870. 


In  the  early  history  of  the  state,  was  a  negro  who  paid  school  taxes 
permitted  to  send  his  children  to  a  common  school?  Could  a  negro  be 
a  witness  against  a  white?  If  a  white  sued  a  negro,  could  the  latter 
testify  in  the  case?  What  requirements  were  made  of  a  free  negro  be- 
fore he  could  settle  in  the  state? 

3     o.  i.  p. 


34  OHIO  INTERROGATION  POINTS. 

The  "Black  Laws"  of  1804  and  1807,  which,  with  modifications,  re- 
mained on  the  statute  books  of  the  state  for  many  years,  denied  to  negro 
children  school  privileges.  In  addition  a  negro  could  not  sue  a  white,  and 
if  sued  by  a  white,  could  not  testify  in  his  own  behalf.  He  could  not 
testify  in  court  against  a  white.  He  could  not  move  into  any  county  unless 
he  gave  bond  in  the  sum  of  $500.00  that  he  would  not  become  a  public 
charge.  If  a  black  entered  a  county  not  having  executed  such  a  bond,  he 
was  placed  in  the  custody  of  the  overseer  of  the  poor  and  his  services  for 
support  were  sold  to  the  highest  bidder,  and  this  was  repeated  annually 
until  bond  could  be  furnished.  We  boast  of  the  freedom  guaranteed  to 
all  races  by  the  Ordinance  of  1787,  but  such  freedom,  so  far  as  the  negro 
was  concerned,  was  largely  imaginary  in  Ohio  for  many  years  after  its 
admission. 


61.  Name  six  early  Ohio  agitators  for  the  abolition  of  slavery.  What  were 
the  most  noted  fugitive  slave  cases  arising  in  Ohio?  Did  any  Ohio  gen- 
eral assembly  ever  seriously  consider  a  proposition  that  Ohio  secede 
from  the  union? 

Benjamin  Lundy,  of  St.  Clairsville,  was  the  pioneer  in  Ohio  of  the 
abolition  movement.  He  moved  to  Mt.  Pleasant  in  Harrison  county,  where 
in  1815  he  organized  the  first  abolition  society  in  Ohio.  One  of  the 
prominent  members  of  the  society  was  the  noted  lawyer,  Charles  Hammond. 
Another  member  was  Charles  Osborn,  of.  North  Carolina,  whose  opposition 
to  slavery  made  him  an  outcast.  He  located  at  Mt.  Pleasant,  the  center 
of  the  movement  in  Ohio,  and  in  1817  started  The  Philanthropist,  the  first 
abolition  paper  in  America.  In  1835  James  G.  Burney,  who  was  publishing 
an  anti-slavery  paper  in  Kentucky,  was  forced  to  move  his  plant  to  Cin- 
cinnati. On  July  30,  1836,  a  mob  destroyed  his  newspaper  office  and  threw 
his  presses  into  the  Ohio  river.  He  was  the  Liberty  party  candidate  for 
president  in  1844.  Later  Joshua  R.  Giddings,  Benjamin  F.  Wade  and  Sal- 
mon   P.   Chase   became  the   leaders   of   the   anti-slavery  movement   in   Ohio. 

The  Fugitive  Slave  Law  was  passed  in  1850.  The  most  famous  fugitive 
slave  case  in  Ohio  was  the  Oberlin-Wellington  rescue  case  at  Oberlin.  The 
parties  arrested  by  the  national  authorities  appealed  to  the  Ohio  supreme 
court,  but  that  body  sustained  the  law,  the  opinion  being  rendered  by  Judge 
Joseph  R.  Swan.  The  decision,  while  clearly  correct,  was  very  unpopular 
and  as  a  result  the  Republican  state  convention  a  week  later  refused  to 
renominate  Judge  Swan.  Another  noted  case  was  the  arrest  and  conviction 
of  Rev.  George  Gordon,  president  of  Iberia  College. .  He  was  sentenced  to 
imprisonment  for  six  months  but  was  pardoned  by  President  Lincoln. 

In  the  session  of  the  general  assembly  in  1848-9  a  petition  from  Portage 
and  Stark  counties  was  presented  to  the  lower  house  asking  that  a  state 
convention  be  called  by  the  legislature  for  the  purpose  of  seceding  from 
the  union  because  of  the  existence  of  slavery  in  the  southern  states  and 
declaring,  that  such  union  of  the  states  is  "voluntary"  and  that  Ohio  ''clearly 
possesses  the  right  to  secede."  This  petition  was  considered  for  an  entire 
day  by  the  lower  house.  A  motion  that  the  petition  be  rejected  was  defeated 
by  a  vote  of  15  to  47,  and  even  a  motion  to  lay  on  the  table  was  rejected 
by  a  vote  of  30  to  34.  The  anti-slavery  members,  who  were  in  a  majority, 
were  in  favor  of  giving  the  petition  serious  consideration  and  there  was 
considerable  sentiment  in  favor  of  its  adoption.  After  many  roll  calls,  all 
resulting  in  defeat  to  the  group  of  members  who  believed  the  petition 
unworthy  of  consideration  and  should  be  ignored,  the  matter  was  referred 


OHIO  INTERROGATION  POINTS.  35 

to  a  select  committee  of  one  consisting  of  Norton  S.  Townshend,  of  Lorain, 
whose  report,  which  seemed  to  voice  the  sentiments  of  the  majority,  stated 
that  "while  there  is  little  doubt  as  to  the  abstract  right  of  the  general  as- 
sembly to  make  the  recommendation  prayed  for,  the  legislature  has  no  right 
to  cause  a  separation.  Secession  is  the  exclusive  prerogative  of  the  sovereign 
state."  The  report  stated  that  such  a  couse  by  Ohio  was  inopportune  at 
that  time.  So  ended  the  only  notable  effort  to  cause  Ohio  to  secede  from 
the  union. 

62.  What  was  the  Lancasterian  system  of  teaching  adopted  in  Cincinnati 
and  other  early  Ohio  towns?  Why  was  this  method  of  instruction  an 
obstacle  to  the  establishment  of  our  present  school  system? 

The  Lancasterian  school  system  was  originated  by  Joseph  Lancaster 
who  was  born  in  England  in  1778.  He  inaugurated  the  system  that  bears 
his  name  about  1800.  His  scheme  was  to  be  the  only  paid  instructor  in  his 
school  and  to  employ  the  older  pupils  as  monitors.  In  this  way  he  taught  a 
school  of  1,000  pupils  at  an  expense  for  the  years  of  five  shillings  per  head. 
He  was  an  improvident  eccentric  and,  while  his  system  was  popular,  he 
finally  became  bankrupt  and  came  to  America  in  1818.  He  soon  introduced 
his  methods  of  instruction  throughout  the  United  States.  In  1838  he  was 
run  over  by  a  carriage  in  New  York  and  killed. 

The  Lancasterian  system  was  introduced  in  Cincinnati,  Marietta,  Hills- 
boro,  and  other  early  Ohio  towns.  It  was  so  inexpensive  that  it  proved  a 
serious  obstacle  to  the  establishment  of  our  present  system  of  paid  in- 
structors for  all  public  school  pupils. 

63.  In  what  year  was  the  first  direct  tax  levy  for  common  schools  authorized 
in  Ohio?  When  was  it  made  mandatory?  Was  this  fund  used  to  pay 
the  wages  of  teachers?  In  what  way  did  the  public  demand  for  canal 
construction  assist  in  securing  a  levy  for  common  schools? 

The  first  law  authorizing  a  school  tax  was  passed  in  1821,  but  it  was 
not  made  mandatory.  It  provided  that  township  trustees  may  levy  a  tax  to 
build  school  houses.  Such  funds  could  not  be  used  for  tuition  exceot  for 
indigent  children  not  able  to  pay.  In  1825  the  general  assembly  passed  a 
mandatory  law  requiring  the  county  commissioners,  beginning  in  July,  1820, 
to  levy  five-tenths  of  a  mill  for  school  purposes.  Even  this  law  was  ignored 
for  several  years  by  many  counties. 

The  two  issues  of  canal  construction  and  mandatory  taxation  to  sup- 
port public  schools  were  combined  in  the  campaign  of  1824  and  a  majority 
was  thus  gained  in  the  general  assembly  for  both  projects,  but  it  was  the 
popularity  of  the  canals  and  not  a  general  thirst  for  education  that  won 
at  the  October  election.  This  was  shown  by  the  fact  that  the  canal  bill 
was  passed  first  (February  4,  1825)  and  the  school  tax  law  was  passed  the 
next  day  and  the  majority  for  canals  was  over  double  the  majority  for 
schools. 

64;  In  what  year  were  all  common  schools  in  Ohio  made  free?  What  was 
the  Akron  law  of  1847?     When  was  it  made  general  in  Ohio? 

All  schools  in  Ohio  were  made  free  by  the  law  of  1838.  Cincinnati 
had  free  schools  previous  to  that  date. 

The  first  compulsory  school  law  was  passed  in  1877,  requiring  attend- 
ance each  year  for  at  least  three  months. 


36  OHIO  INTERROGATION  POINTS. 

The  Akron  law  of  1847  gave  that  city  the  first  modern  graded  school 
in  the  state.  It  provided  for  six  primary  and  one  grammar  school  with 
examinations  for  promotion.  It  also  provided  for  a  board  of  education  of 
six  members  and  a  separate  board  of  examiners  for  city  teachers.  The  plan 
was  extended  to  other  towns  in  1849  and  to  townships  in  1850. 

65.  What  state  official  was  ex-officio  state  superintendent  of  schools  previous 
to  1853?  What  officials  during  the  same  period  were  county  superin- 
tendents and  township  superintendents?  What  titles  have  been  borne 
by  the  head  of  the  Ohio  school  system  since  1837?  How  is  this  officer 
now  selected?     How  are  county  superintendents  chosen? 

The  office  of  state  superintendent  of  common  schools  was  created  by 
the  legislature  in  1837  but  was  abolished  in  1840.  In  1853  the  office  was 
again  established  under  the  title  of  state  commissioner  of  common  schools. 
Previous  to  the  creation  of  this  office  the  secretary  of  state  performed  the 
duties  of  superintendent  of  common  schools  with  county  auditors  as  county 
superintendents  and  township  clerks  as  township  superintendents. 

Samuel  Lewis  of  Cincinnati,  in  1837,  was  appointed  by  the  legislature 
the  first  state  superintendent  of  common  schools  at  an  annual  salary  of 
$500.00.  By  the  law  Of  1853  the  commissioner  of  common  schools  was 
made  an  elective  office  and  so  continued  until  in  1912  when  a  constitutional 
amendment  was  adopted  making  the  office  appointive  by  the  governor  and 
changing  the  title  to  superintendent  of  public  instruction  with  a  four  year 
term. 

The  first  Ohio  school  law  worthy  of  the  name  was  passed  in  1825. 
Nathan  Guilford,  of  Cincinnati,  was  the  author.  He  was  assisted  in  its 
preparation  by  Caleb  Atwater  of  Pickaway  county  and  Ephraim  Cutler  of 
Marietta.    The  first  examination  of  teachers  was  held  in  1825. 

The  office  of  county  superintendent  was  created  in  1914.  He  is  chosen 
by  the  county  board  of  education  which  consists  of  five  members  selected 
by  the  presidents  of  the  boards  of  education  of  the  village  and  rural  school 
districts  of  the  county. 

66.  We  boast  of  our  Ohio  common  school  system,  but  do  we  at  present 
devote  as  large  a  per  cent,  of  all  money  raised  by  direct  taxation  to  com- 
mon schools  as  we  did  fifty  years  ago? 

General  James  A.  Garfield,  afterward  president,  while  a  member  of 
Congress,  on  June  6,  1866,  in  speaking  on  his  bill  to  establish  a  department 
of  education,  said  that  during  the  Civil  War  52  per  cent,  of  all  Ohio 
taxation  (excepting  levies  for  war  expenses  and  payments  on  the  debt) 
was  used  for  common  schools.  At  that  time  over  50  per  cent,  of  all  state 
receipts,  except  'for  extraordinary  expenses  caused  by  the  war,  were  dis- 
bursed for  schools.  Today  only  15  per  cent,  of  state  receipts  are  so  used. 
Ohio  common  schools  received  thirty-two  million  dollars  in  1916  from  direct 
taxation,  or  less  than  one-third  of  all  state  and  local  direct  taxes. 

67.  Name  the  six  oldest  colleges  in  Ohio  and  the  oldest  colored  university 
in  America.  Upon  whom  were  the  first  academic  degrees  conferred  in 
Ohio? 

The  first  college  in  Ohio  was  Ohio  University  at  Athens,  founded 
in  1804  and  opened  in  1809.  The  first  graduating  class  was  in  1815  and  con- 
sisted of  John  Hunter  and  Thomas  Ewing.     These  were  the  first  academic 


OHIO  INTERROGATION,  POINTS.  37 

degrees  conferred  in  the  states  northwest  of  the  Ohio  river.  Ewing  became 
one  of  the  greatest  lawyers  and  statesman  in  America. 

The  second  Ohio  college  was  Miami  University  at  Oxford,  which  was 
founded  in  1809  and  opened  in  1816.  The  first  graduating  class  was  in 
1826.  Kenyon  College  at  Gambier  was  founded  in  1825;  Franklin  College 
at  New  Athens,  and  Western  Reserve  University,  at  Cleveland,  were  both 
founded  in  1826;  Denison  University  at  Granville  in  1831,  Oberlin  College 
in  1833  and  Marietta   College  in   1835. 

Oberlin  was  the  first  co-educational  college  in  the  world  and  the  first 
in  the  United  States  to  admit  negro  students.  Ohio  has  more  colleges  than 
any  other  state  in  the  Union. 

Wilberforce,  the  leading  colored  university  in  the  North,  was  founded 
in  1856,  being  the  first  college  for  negroes  in  the  United  States. 

68.     Name    six    celebrated    Mound    Builders'    earthworks    in    Ohio    and    give 
county  in  which  each  is  located. 

Ohio  was  the  chief  center  of  Mound  Builders'  earthwork  construction 
in  prehistoric  ages.  There  are  more  than  10,000  such  remains  within  this 
state,  including  effigy,  sacrificial  and  observation  mounds,  enclosures,  forti- 
fications, earth  and  stone  structures  and  burial  tumuli.  There  are  more 
Mound  Builder  earthworks  in  Ross,  Licking,  Pickaway,  Butler,  Jackson,  Fair- 
field and  Franklin  than  any  other  counties.  The  Mound  Builders  were 
evidently  fishermen  as  their  remains,  which  are  largely  in  southern  Ohio,  are 
most  numerous  in  the  valleys  of  the  Muskingum,  Scioto  and  Miami  rivers. 
There  is  no  convincing  evidence  that  the  Mound  Builders  were  not  Indians. 

Ft.  Ancient  in  Warren  county  is  the  most  noted  prehistoric  fortifica- 
tion in  America.  It  is  located  on  a  hill  over  200  feet  high  overlooking  the 
valley  of  the  Little  Miami  river.  The  embankment  averages  50  feet  in 
width  and  12  feet  in  height,  is  nearly  four  miles  in  length  and  encloses 
126  acres.    It  is  owned  by  the  state. 

Serpent  Mound,  in  Adams  county,  is  the  most  famous  effigy  mound  in 
existence.  The  earthwork  represents  a  serpent  swallowing  an  egg.  The 
structure  is  about  four  feet  high,  10  to  15  feet  broad  and  over  1300  feet 
long.  The  egg  is  120  feet  by  60  feet.  This  mound  is  also  owned  by  the 
state. 

Ft.  Hill,  in  Highland  county,  is  an  immense  fortification  on  the  summit 
of  a  hill  nearly  500  feet  in  elevation.  The  earthwork  is  10  to  20  feet  high, 
20  to  40  feet  broad  and  one  and  one-half  miles  in  circuit  and  encloses  35 
acres. 

The  largest  conical  mound  in  the  state  is  near  Miamisburg  in  Mont- 
gomery county.  It  is  about  70  feet  high  and  nearly  1000  feet  in  circumfer- 
ence at  the  base. 

The  Marietta  mound  in  Mound  Cemetery  is  one  of  the  best  known  in 
the  state.  It  is  30  feet  high,  115  feet  in  diameter,  and  is  surrounded  by  a 
ditch  four  feet  deep  and  15  feet  wide. 

Along  Paint  Creek  in  Ross  county  are  some  of  the  most  extensive 
■fortifications  and  enclosures  in  the  state.  These  numerous  earthworks 
enclose  several  hundred  acres. 

The  Alligator  Mound  near  Granville,  Licking  county,  which  is  205 
feet  long,  and  the  immense  circular  enclosures  in  the  same  county  near 
Newark,  are  interesting  curiosities. 


38  OHIO  INTERROGATION  POINTS. 

69.  If  a  man  die  intestate  leaving  a  father  and  brother,  which  inherits  his 
property? 

The  property  inheritance  laws  of  Ohio  are  based  on  the  principle  that 
when  no  will  is  made  property  goes  to  descendants  rather  than  to  ancestors. 
For  this  reason  the  property  of  a  man  who  dies  intestate  will  go  to  the 
brother  and  not  to  the  father.  While  the  brother  is  not  a  descendant,  he  is 
one  generation  lower  in  descent  than  the  father.  In  case  there  be  no  broth- 
ers or  sisters  and  no  descendants,  the  father  will  take  precedence  over  a 
more  distant  relative. 

70.  What  governor  was  called  "The  Father  of  Internal  Improvements?" 
When  was  the  construction  of  the  Ohio  canals  begun  and  when  com- 
pleted? How  many  miles  were  constructed  and  what  was  the  total 
cost?  What  other  states  had  a  greater  mileage  of  canals?  Did  the 
national  government  assist  Ohio  in  canal  construction? 

Governor  Thomas  Worthington  was  called  "The  Father  of  Internal 
improvements"  and  Governor  Ethan  Allen  Brown  was  referred  to  as  the 
"Father  of  the  Canals." 

The  work  on  Ohio  canal  construction  was  formally  inaugurated  July  4, 
1825.  There  was  a  total  of  813  miles  constructed  at  a  cost  of  $15,967,652. 
This  was  in  excess  of  the  mileage  of  any  other  state,  New  York  being  second. 
Canal  construction  in  Ohio  was  completed  in  1847. 

It  required  a  remarkable  amount  of  pluck  for  the  citizens  of  the  state 
in  1825  to  decide  in  favor  of  such  a  vact  undertaking  as  the  construction 
of  the  Ohio  canals.  The  estimated  cost  was  ten  per  cent,  of  the  tax  duplicate 
of  the  state  and  the  actual  cost  was  25  per  cent,  of  the  duplicate  in  1825. 

The  national  government  assisted  materially  in  the  enterprise.  A  total 
of  1,230,512  acres  of  land  was  given  as  a  bonus.  From  this  government 
land  the  state  realized  $2,257,487  for  use  in  canal  construction. 

71.  In  what  way  did  Ohio  resist  the  Livingston-Fulton  water  transportation 
monopoly?  What  use  did  the  state  make  of  the  canals  from  1861  to 
1878?     How  many  miles  of  canals  are  now  owned  by  the  state? 

After  Robert  Fulton  invented  the  first  steamboat,  the  Clermont,  in 
1807,  through  the  influence  of  his  partners,  Chancellor  Robert  R.  Livings- 
ton, Governor  Tompkins,  Governor  DeWitt  Clinton  and  Nicholas  J.  Roose- 
velt, who  were  all  men  of  prominence  in  New  York,  the  company  secured 
the  passage  of  a  law  granting  it  a  monopoly  in  water  transportation  on  the 
Hudson.  Later,  Louisiana  granted  a  like  right  on  the  lower  Mississippi. 
In  1811  Roosevelt  built  at  Pittsburgh  for  his  company  the  first  steam- 
boat on  the  Ohio  and  named  it  the  New  Orleans.  The  steamboat.  Walk- 
in-the- Water,  the  first  on  Lake  Erie,  was  built  in  1818.  As  this  Livings- 
ton-Fulton monopoly  was  regarded  by  Ohio  as  an  obstacle  to  a  healthy 
growth  of  commerce,  the  general  assembly,  in  1816,  by  resolution  asked 
Congress  to  grant  relief.  In  1822  an  act  was  passed  by  the  Ohio  legis- 
lature prohibiting  the  landing  at  any  Ohio  port  on  Lake  Erie  of  all 
steamboats  owned  by  the  Livingston-Fulton  Company.  Soon  after  this 
the  United  States  supreme  court  struck  a  death  blow  to  the  monopoly 
by  a  decision  throwing  open  the  Hudson  to  free  navigation. 

The  canals  of  Ohio  were  leased  to  a  private  company  from  1861 
to    1878.      They    were    leased    for   ten    years    at    an    annual    rental    of    but 


OHIO  INTERROGATION  POINTS.  39 

$20,075.00,  and  this  lease  was  renewed  for  an  additional  ten  years,  but 
the  company  defaulted  on  its  rent  in  1877  and  abandoned  the  canals, 
leaving  them  in  a  very  dilapidated  condition. 

From  1863  to  1896  various  general  assembles  disposed  of  canal  lands 
worth  several  million  dollars  for  less  than  $200,000.00.  We  still  have  603 
miles  of  used  and  abandoned  canals  owned  by  the  state. 

The  state  owns,  in  connection  with  the  canals,  five  important  reser- 
voirs :  St.  Marys  in  Mercer  and  Auglaize  counties,  the  largest  artificial 
body  of  water  in  the  world,  covers  15,748  acres,  and  cost  over  $500,000.00; 
Lewistown  in  Logan  county,  area  6,332  acres ;  Loramie  in  Shelby  county, 
area  1,828  acres;  Buckeye  Lake  in  Licking,  Perry  and  Fairfield  counties, 
area  3,942  acres ;  Portage  in  Summit  county,  area  2,209  acres.  These  are 
now  chiefly  valuable  for  fish  and  as  pleasure  resorts. 

72.  What  was  the  Zane  trace?  Did  the  national  government  assist  Ohio 
in  making  her  first  roads?     How  many  miles  of  roads  in  Ohio  today? 

The  Zane  Trace  was  the  first  public  highway  located  in  Ohio  by  the 
national  government.  Being  opened  through  the  forest,  it  was  more  a 
blazed  trail  than  an  improved  road.  Ebenezer  Zane,  of  Wheeling,  brother 
of  the  heroic  Elizabeth  Zane,  was  authorized  by  Congress  in  1796  to 
open  a  road  at  his  own  expense  from  Wheeling  to  Limestone  (now  Mays- 
ville),  Kentucky.  With  the  assistance  of  his  brothers  and  son-in-law,  John 
Mclntire,  and  several  laborers,  he  made  the  trail  in  1796  and  1797.  The 
trace  passed  the  present  locations  of  St.  Clairsville,  Cambridge,  Zanes- 
ville,  Lancaster  and  Chillicothe.  As  remuneration  Zane  received  three 
tracts  of  one  square  mile  (640  acres),  each  at  the  crossings  of  the  Mus- 
kingum, Hock-hocking  and  Scioto  where  he  was  required  to  construct  and 
operate  ferries.  These  were  at  the  present  sites  of  Zanesville,  Lancaster 
and  Chillicothe.  Prof.  C.  L.  Martzolff,  the  historian  of  the  Zane  Trace, 
well  says  that  Zane  simply  followed  the  old  Indian  trails  which  the 
Indians  received  ready  made  from  the  buffaloes.  Later  the  National  Road 
followed  practically  the  same  course  from  Wheeling  to  Zanesville  and 
the  Maysville  pike  followed  the  Trace  from  Zanesville  to  Maysville. 

In  consideration  of  the  state  exempting  from  taxation  for  five  years, 
all  land  purchased  of  the  national  government  in  the  state,  the  U.  S. 
government  agreed  to  reserve  five  per  cent,  of  the  proceeds  of  all  land 
sales  in  Ohio,  three  per  cent,  to  go  to  the  state  to  construct  roads  in 
Ohio,  and  two  per  cent,  to  be  used  to  build  the  National  Road  from  the 
Atlantic  to  the  Ohio  river. 

There  are  about  90,000  miles  of  public  roads  in  Ohio.  The  pro- 
posed inter-county  system,  when  completed,  will  improve  one-tenth  of  this 
total  mileage. 

73.  Who  was  called  "The  Father  of  the  National  Road?"  When  was  the 
national  road  built,  what  did  it  cost  and  where  did  it  begin  and  termi- 
nate? Did  the  state  pay  any  part  of  the  cost  of  construction?  When 
was  the  road  given  to  the  state? 

Albert  Gallatin,  1761-1849,  a  native  of  Geneva,  Switzerland,  who 
came  to  America  in  1789  and  settled  in  Pennsylvania,  was  the  originator 
of  the  scheme  to  build  the  old  Cumberland  road,  and  was  therefore 
known  as  "The  Father  of  the  National  Road."  As  secretary  of  the 
treasury  under  Jefferson,  he  rendered   invaluable   assistance   to   the  project. 


40  OHIO  INTERROGATION  POINTS. 

The  success  of  the  enterprise  was  first  assured  when  Ohio  became 
a  state  in  1803,  and  the  national  government  agreed  to  reserve  two  per 
cent,  of  the  receipts  from  all  land  sales  in  Ohio  for  the  construction 
of  a  road  from  the  Atlantic  to  the  Ohio  river.  Three  routes  were  pro- 
posed :  the  Mohawk  Valley,  Braddock's  road  through  Pennsylvania  and 
the  Wilderness  road  through  Cumberland  Gap  into  Kentucky.  The  second 
was  selected  and  work  was  begun  in  1811  at  Cumberland,  Maryland.  The 
road  was  completed  to  the  Ohio  river  at  Wheeling  in  1818.  It  was 
paved  with  stone  and  cost  $13,000  per  mile.  Later  macadam  was  substi- 
~*  tuted.  The  road  was  completed  to  Columbus  in  1833.  It  was  the  pur- 
pose to  build  to  the  Mississippi  river  opposite  St.  Louis,  but  work  by 
the  national  government  never  extended  beyond  Vandalia,  Illinois,  and 
the  western  section  was  only  bridged  and  graded.  The  total  appropria- 
tions by  the  national  government  for  constructing  the  National  Road  was 
$6,824,919.33.  Ohio  did  not  assist  in  the  construction  but  all  repair  work 
was  done  by  the  states.  As  completed  the  national  government  gave  the 
road  to  the  states.  Ohio  began  accepting  portions  of  the  road  in  1834 
and  the  entire  road  within  the  state  was  surrendered  to  Ohio  in  1853. 
Ohio's  part  was  about  200  miles,  being  a  greater  mileage  than  in  any 
other  state.  Funds  for  repairs  were  secured  by  the  collection  of  tolls, 
the  gates  in  Ohio  being  ten  miles  apart.  The  largest  toll  was  collected 
by  Ohio  in  1839  and  the  total  collections  during  47  years  was  $1,250,000.00. 
The  last  toll  collected  by  the  state  was  in  1877.  The  road  was  given 
to  the  counties  through  which  it  passes  in  1876.  The  National  Road  about 
1840  was  one  of  the  busiest  highways  that  has  ever  existed  in  this  or 
any  other  nation,  and  it  was  largely  instrumental  in  the  rapid  increase 
in  population  and  wealth  of  Ohio. 


74.  What  land  grants  were  made  by  the  national  government  in  Ohio  for 
educational  and  religious  purposes?  Were  any  part  of  the  proceeds  of 
sales  of  public  lands  given  to  education? 

By  an  ordinance  passed  May  20,  1785,  or  two  years  before  the 
passage  of  the  famous  Ordinance  of  1787,  Congress  stipulated  that  one 
thirty-sixth  of  all  land  in  the  Northwest  Territory  should  be  reserved 
for  the  support  of  common  schools.  In  a  large  part  of  Ohio,  including 
the  Ohio  Company's  purchase  and  the  Symmes'  purchase,  section  16  of 
each  township  was  reserved.  This  section  was  selected  because  it  was 
near  the  center  of  each  township.  But  in  the  Western  Reserve  and  U.  S. 
Military  District,  townships  were  surveyed  five  miles  square  instead  of 
six  miles,  and  in  the  Virginia  Military  District  the  surveys  were  made 
without  reference  to  any  regular  section  or  township  lines.  This  caused 
great  irregularity  in  the  allotment  of  school  lands  in  the  districts  above 
mentioned.  The  allotments  in  the  former  two  were  two  and  one-half 
miles  square,  while  in  the  Virginia  Military  District  they  were  three 
miles  square.  By  reason  of  errors  and  negligence,  and  in  some  cases 
the  sale  by  mistake  of  section  16,  a  number  of  townships  failed  to  secure 
their  allotment,  and  in  many  cases  the  allotment  for  one  township  was 
made  in  another  township  and  frequently  in  another  county.  There  are 
26,073,600  acres  in  Ohio.  One  thirty-sixth  this  total  would  be  724,266 
acres.  The  total  actually  reserved  for  schools  was  704,488  acres.  All 
of  this  land  but  a  few  thousand  acres  has  .been  sold  and  the  proceeds 
paid  into  the  state  treasury,  and  each  year  the  state  pays  six  per  cent, 
on   this   irreducible   debt    for   the    support   of    common   schools.      The   total 


OHIO  INTERROGATION  POINTS.  41 

receipts  from  the  sales  of  school  lands,  as  shown  by  the  report  for  1916, 
was  $4,145,367.96,  and  the  interest  paid  in  1916  amounted  to  $248,630.86. 
The  accounts  of  each  township  are  kept  separate  on  the  books  of  the 
Auditor  of  State's  office.  There  are  over  800  of  such  separate  and  distinct 
township  funds. 

In  addition  the  national  government  set  aside  two  townships  (46,080 
acres)  in  Athens  county  and  one  township  (23,040  acres)  in  Butler  county 
for  the  support  of  two  seminaries  of  learning.  Ohio  University  at  Athens 
and  Miami  University  at  Oxford  were  founded  as  a  result  of  these  reserva- 
tions. 

Under  the  Senator  Morrill  act  of  1862,  the  national  government  gave 
Ohio  630,000  acres  of  the  public  domain  for  the  establishment  of  an  agri- 
cultural school.  This  land  script,  which  entitled  the  holder  to  unsold  gov- 
ernment land,  all  of  which  was  outside  Ohio,  was  sold  by  the  state  and  the 
proceeds  turned  into  the  state  treasury  as  part  of  the  irreducible  state 
debt,  and  each  year  the  state  pays  six  per  cent  on  the  amount  to  the  Ohio 
State  University,  which  was  established  in  1873  as  a  result  of  the  govern- 
ment grant.  Only  $340,906.80  was  realized  from  the  sale  of  this  land  script 
covering  the  grant  of  630,000  acres. 

The  proceeds  from  the  sales  of  the  28,320  acres  of  salt  lands  re- 
served and  the  25,640  acres  of  swamp  lands  patented  to  the  state  by  the 
national  government  were  to  be  used  for  the  benefit  of  common  schools. 
All  this  land  has  been  sold  and  the  money  used  by  the  state,  but  the 
schools  of  the  state  never  received  any  benefit   from  these  grants. 

In  the  sales  of  land  by  the  national  government  to  the  Ohio  Com- 
pany and  to  John  Cleve  Symmes,  section  29  of  each  township  was  reserved 
for  the  support  of  churches.  This  is  known  as  the  ministerial  lands  and 
comprised  a  total  of  43,525  acres.  Nearly  all  of  this  land  has  been  sold  and 
the  proceeds  turned  into  the  state  treasury.  This  ministerial  fund  held 
by  the  state  amounted  in  1916  to  $150,275.92.  The  State  in  1916  paid  as  six 
per  cent,  interest,  a  total  of  $9,028.10.  Only  eleven  counties  receive  any 
portion  of  this  amount  —  Athens,  Butler,  Gallia,  Hamilton,  Hocking.  Law- 
rence, Meigs,  Morgan,  Vinton,  Warren  and  Washington.  Nearly  half  goes 
to  Warren  and  Hamilton.  Ohio  is  the  only  state  in  the  Union  where  every 
taxpayer  contributes  annually  to  the  support  of  certain  churches.  This 
annual  payment  of  $9,028.10  goes  to  63  townships  in  various  amounts.  Each 
township  divides  its  proportion  among  all  the  churches  in  the  original  town- 
ship in  exact  ratio  to  the  membership  of  each  church  in  the  township. 

75.  In  what  section  of  Ohio  were  each  of  the  following  land  grants  or  dis- 
tricts located:  Ohio  Company's  purchase,  Virginia  Military,  Symmes', 
United  States  Military,  Congress,  Western  Reserve,  Fire  Lands,  French 
Grant,  Dohrman's  Grant,  Zane's  Tracts  and  the  Moravian  Lands? 

Ohio  was  originally  claimed  by  four  states  —  Massachusetts.  New  York, 
Connecticut  and  Virginia.  The  only  one  that  had  any  valid  claim  to  the 
territory  northwest  of  the  Ohio  river  was  Virginia.  Not  only  was  she 
granted  the  whole  region  by  the  English  Charter  of  1609,  but  if  George 
Rogers  Clark  of  Virginia,  in  1778-79,  with  Virginia  troops  and  material 
and  means  furnished  by  Virginia,  had  not  captured  every  British  post  north- 
west of  the  Ohio  except  Detroit,  there  would  have  been  no  American  territory 
northwest  of  the  Ohio  river  for  these  states  to  claim  and  quarrel  over. 
New  York  relinquished  her  claim  in  1781,  Virginia  ceded  the  whole  territory 


42  QHIO   INTERROGATION   POINTS. 

to  Congress  in  1784  (except  a  small  reservation)  and  Massachusetts  and 
Connecicut  did  likewise  in  1785  and  1786  respectively,  the  latter  retaining  the 
Western  Reserve. 

Qhio  by  national  grants,  reservations  and  sales  was  divided  into  a  large 
number  of  tracts.  Here  are  the  more  important  grants  and  purchases,  with 
the  total  number  of  acres  of  each : 

Ohio  Company's  purchase   ..." 964,285 

Donation   Tract    100,000 

Symmes'  Purchase  31 1,682 

Western    Reserve    - 3,366,921 

Fire  Lands   (Included  in  Western  Reserve) 500,000 

Virginia  Military  District 4,204,800 

U.  S.  Military  District   , 2,560,000 

School  Lands   704,488 

Canal  Lands   1,230,521 

Refugee   Tract ...:. .:... 100,000 

Maumee  Road  Lands 60,000 

Turnpike  Lands   31,360 

College  Lands  •       69,120 

Ministerial  Lands    43,525 

Salt  Lands  28,320 

Swamp  Lands    25,640 

French   Grant    25.200 

Dohrman's    Grant     23,040 

Moravian  Lands   12,000 

Zane  Tracts  1,920 

There  were  a  large  number  of  smaller  tracts,  some  being  grants  to  in- 
dividuals and  others  Indian  reservations,  that  are  not  included  in  the  above 
list.  A  record  of  forty  such  small  grants  and  reservations  is  on  file  in  the 
Auditor  of  State's  office. 

In  addition  to  the  above  enumerated  tracts,  there  were  extensive  tracts 
known  as  Congress  Lands  which  were  sold  by  the  national  government  direct 
to  settlers.  The  Congress  Lands  comprised  over  twelve  million  acres  and  in- 
included  western  and  northwestern  Ohio,  all  lands  between  the  Ohio  Com- 
pany's purchase  and  the  Scioto  River,  and  the  Seven  Ranges  in  eastern  Ohio, 
the  first  land  surveyed  in  Ohio. 

The  most  noted  purchase  was  the  Ohio  Company's  purchase  made  July 
24,  1787,  by  Manasseh  Cutler  as  agent  for  the  Ohio  Company  of  Massa- 
chusetts. Cutler  wished  to  secure  1,500,000  acres  for  his  associates  but  could 
make  no  progress  in  the  negotiations  with  congress  until  he  agreed  to  pur- 
chase 3,000,000  acres  additional  and  turn  the  latter  over  to  a  company  known 
as  the  Scioto  Company  composed  of  prominent  men  in  the  government  and 
members  of  congress,  and  Cutler  also  was  compelled  to  withdraw  General  S. 
H.  Parsons  as  prospective  governor  of  the  Northwest  Territory  and  consent 
to  the  appointment  of  General  St.  Clair  who  was  president  of  congress.  Such 
a  disreputable  transaction  would  today  result  in  criminal  prosecutions.  There 
is  little  doubt  that  some  prominent  government  officials  of  1787  interested  in 
this  secret  deal  deserved  incarceration  in  a  penitentiary.  The  Scioto  Com- 
pany was  to  receive  land  north  and  west  of  the  tract  selected  by  the  Ohio 
Company,  and  extending  to  the  Scioto  river,  but  this  first  "land  grab"  never 
proved  of  any  financial  benefit  to  those  interested.  Attempts  were  made  to 
sell  the  land  in  France,  but  the  French  Revolution  prevented  the  success  of 
the  project  and  the  Scioto  Company  failing  to  pay  for  the  land,  it  all  re- 


OHIO   INTERROGATION   POINTS.  43 

verted  to  the  national  government.  The  leader  of  the  Scioto  Company  was 
Col.  William  Duer,  an  intimate  associate  of  Alexander  Hamilton.  The  only 
result  of  the  speculation  was  the  settlement  of  Gallipolis  in  1790  by  a  colony 
of  misguided  French  who  were  the  victims  of  the  agents  in  Paris  of  the 
Scioto  Company.  The  Ohio  Company  could  not  raise  funds  to  pay  for  the 
entire  tract  of  1,500,000  acres.  They  secured  964,285  acres  for  which  they 
paid  66§  cents  per  acre.  This  tract  included  all  of  Athens  and  Meigs  coun- 
ties and  portions  of  Lawrence,  Gallia,  Vinton,  Hocking,  Morgan  and  prac- 
tically all  of  Washington. 

The  Donation  tract  of  100,000  acres  in  Washington  and  Morgan 
counties  was  1\  miles  wide  north  and  south  and  17  miles  long  east  and 
west.  It  was  given  to  the  Ohio  Company  with  the  restriction  that  it 
must  be  divided  into  100  acre  tracts  and  that  they  secure  a  settler  on  each 
tract. 

In  1787  John  Cleve  Symmes,  a  New  Jersey  congressman,  offered  to 
purchase  of  congress  600,000  acres  lying  between  the  Great  Miami  and  Lit- 
tle Miami  at  663  cents  per  acre.  He  was  never  able  to  pay  for  the  entire 
tract,  but  in  1792  congress  patented  to  him  311,682  acres,  being  part  of  the 
present  counties  of  Hamilton,  Butler  and  Warren  and  extending  from  the 
Ohio  river  to  a  line  slightly  north  of  Lebanon. 

The  Western  Reserve  in  northeastern  Ohio  was  the  tract  retained  by 
Connecticut  when  she  relinquished  her  claim  to  the  Northwest  Territory. 
It  was  all  north  of  the  41st  degree  north  latitude  and  extended  west  to  the 
east  line  of  Sandusky  and  Seneca  counties.  It  comprised  3,366,921  acres, 
including  the  Fire  Lands. 

The  Fire  Lands  were  the  western  part  of  the  Western  Reserve  and 
comprised  500,000  acres  now  included  in  Huron  and  Erie  counties.  It  was 
given  in  1792  to  citizens  of  certain  Connecticut  towns  destroyed  by  fire  by 
the  English  during  the  Revolution. 

The  Virginia  Military  District  was  the  tract  between  the  Scioto  and 
Little  Miami  rivers  and  extending  from  the  Ohio  north  to  the  center  of 
what  is  now  Hardin  county.  It  was  given  by  Virginia  to  her  citizens  who 
served  in  the  Revolution.  It  was  the  largest  grant  made  in  Ohio.  Among 
prominent  Virginia  soldiers  receiving  allotments  in  the  Virginia  Military 
District  were  Generals  Washington,  George  Rogers  Clark  and  Daniel  Mor- 
gan, George  Washington  received  four  tracts  in  Clermont  county  amounting 
in  all  to  3,051  acres.  Daniel  Morgan,  the  Phil.  Sheridan  of  the  Revolution, 
and  the  general  for  whom  Morgan  county  was  named,  received  six  tracts 
scattered  over  Franklin,  Pickaway,  Clinton  and  other  counties,  amounting 
in  all  to  11,666  acres. 

The  U.  S.  Military  Lands  was  a  large  tract  in  east  central  Ohio  set 
apart  by  the  national  government  for  Revolutionary  soldiers.  Most  of  it 
was  allotted  in  100  acre  tracts.  The  western  boundary  was  the  Scioto 
river  from  Columbus  to  the  Greenville  Treaty  line,  and  it  extended  east 
to  a  line  north  and  south  through  Tuscarawas  and  Guernsey  counties, 
the  latter  line  being  the  western  boundary  of  the  Seven  Ranges.  Among 
the  noted  Revolutionary  soldiers  who  received  allotments  in  this  tract  were 
Kosciusko  and  Baron  Steuben.  The  former  in  1800  received  about  500 
acres  on  the  east  side  of  the  Scioto  in  Franklin  county  just  south  of  the 
Franklin-Delaware  line.  The  monument  to  Leatherlips,  the  Wyandot  Indian 
chief  who,  because  of  friendship  for  the  whites  was  murdered  in  1810  by 
members  of  his  tribe,  is  located  a  few  rods  north  of  the  Kosciusko  tract. 
The  Steuben  tract  of  about  800  acres  was  in  what  is  now  Muskingum  town- 
ship, Muskingum  county,  and  was  given  in  1806. 


44  OHIO   INTERROGATION   POINTS. 

The  school  lands  comprised  one  thirty-sixth  of  all  lands  in  Ohio.  In 
the  greater  portion  of  the  state  section  16  of  each  township  was  reserved. 

The  Canal  lands  were  in  western  and  northwestern  Ohio  and  were 
donated  to  Ohio  by  the  national  government  to  aid  canal  construction.  The 
national  government  gave  the  state  alternate  sections  in  a  strip  ten  miles 
wide  (five  miles  on  each  side  of  the  canal)  from  Dayton  to  Toledo  and 
along  the  Wabash  canal  to  the  Indiana  line  and  .additional  lands  in  other 
sections  of  northwest   Ohio,   making  a  total   of   1,230,521   acres   so  donated. 

The  refugee  tract  of  100,000  acres  was  a  strip  4J  miles  wide  -from 
north  to  south  and  extending  east  from  the  Scioto  river  42  miles,  the  last 
12  miles  on  the  eastern  extremity  being  only  2A  miles  wide.  Columbus  is 
in  the  southwest  corner  of  the  Refugee  Lands.  The  western  part  is  all  in 
Franklin  county,  the  central  part  in  Licking  and  Fairfield  and  the  last  12 
miles  on  the  eastern  extremity  all  in  Licking.  It  was  given  by  the  national 
government  to  British  subjects  from  Canada  and  elsewhere  who  by  favoring 
the  cause  of  the  Colonies  during  the  Revolution  became  refugees. 

The  Maumee  Road  Land  was  a  strip  two  miles  wide  extending  from 
the  present  site  of  Perrysburg  in  Wood  County  to  the  site  of  Bellevue  on 
the  west  border  of  the  Western  Reserve.  It  was  donated  by  the  Indians 
in  1808  to  aid  in  the  construction  of  a  road  through  the  strip  of  land  set 
apart. 

The  Turnpike  Lands  were  28  small  tracts  (the  largest  1,920  acres)  in 
Marion,  Crawford  and  Seneca  counties  granted  by  congress  in  1827  to 
furnish  the  national  government  a  free  road  from  the  Greenville  treaty 
line  north  through  the  three  counties  mentioned. 

The  College  Lands  were  two  townships  in  Athens  county  and  one  in 
Butler  county  reserved  to  aid  in  the  establishment  of  two  academies. 

The  Ministerial  Lands  were  all  of  sections  29  in  the  Ohio  Company's 
and  the  Symmes'  purchases,  which  were  reserved  to  aid  in  the  support  of 
ministers  of  the  gospel. 

The  Salt  Reservations  were  in  Jackson,  Delaware  and  Muskingum 
counties  and  are  described  fully  in  the  answer  to  question  No.  76. 

The  Swamp  Lands  were  tracts  in  northwestern  Ohio,  chiefly  in  Ottawa, 
Wood  and  Sandusky  counties,  donated  by  the  national  government  to  Ohio 
in  1850  under  an  agreement  that  the  state  reclaim  and  drain  the  same. 
Millions  of  acres  of  such  lands  were  donated  to  various  states  in  the  Mis- 
issippi  Valley,  but  Ohio  only  received  25,640  acres.  In  1883  a  law  was 
passed  by  the  Ohio  general  assembly  placing  all  receipts  from  the  sales  of 
these  swamp  lands  to  the  credit  of  the  common  schools  of  the  state  as  a 
part  of  the  irreducible  debt  and  requiring  that  six  per  cent,  interest  on  this 
fund  be  distributed  annually  to  the  counties  in  proportion  to  the  number  of 
youth  of  school  age.  In  1885  the  auditor  of  state  credited  this  fund  with 
$21,770,82  as  the  total  then  held  by  the  state.  The  last  addition  to  the 
principal  was  $349.00  in  1905,  making  the  total  $25,121.09,  the  amount  now 
held  by  the  state  as  a  part  of  the  irreducible  debt.  No  interest  has  ever 
been  paid  by  the  state  on  this  trust  fund.  The  annual  interest  amounts  to 
$1,507.26  and  the  total  of  accumulated  interest  unpaid  since  the  fund  was 
established  now  amounts  to  over  $20,000.00. 

The  French  Grant  of  25,200  acres  was  in  what  is  now  Scioto  county 

and    was    donated    by    Congress    in    1795    to    ninety-two    French    settlers    at 

Gallipolis,   who  were  victims  of   the   Scioto   Company  land   sale   in   France. 

Dohrman's   Grant   was   a  donation   of   one   township   to  Arnold   Henry 

Dohrman,    a    Lisbon,    Portugal,    merchant,    who    assisted    American    vessels 


OHIO   INTERROGATION   POINTS.  45 

during  the  Revolution.  This  six  mile  square  tract  is  partly  in  Tuscarawas 
and  partly  in   Harrison  counties. 

The  Moravian  Lands  were  three  tracts  of  4,000  acres  each  in  Tus- 
caraws  county,  given  by  congress  in  1787  to  the  Moravian  missionaries 
for  the  use  of  the  Christian  Delaware  and  other  Indians  settled  on  the 
Tuscarawas  river. 

The  Zane  grants  were  three  tracts  of  640  acres  each  in  Muskingum, 
Fairfield  and  Ross  counties,  given  to  Ebenezer  Zane  by  the  national  govern- 
ment for  opening  a  road  known  as  the  Zane  Trace  from  Wheeling  to  Mays- 
ville,  Kentucky. 

The  Seven  Ranges  in  eastern  Ohio  were  the  first  lands  in  the  North- 
west Territory  that  were  surveved  by  the  national  govrnment  and  the  first 
application  in  this  country  of  the  rectangular  system  of  surveys  into  tracts 
one  mile  square  arranged  into  townships  and  ranges  with  each  section, 
township  and  range  numbered.  We  owe  this  splendid  system  to  Thomas 
Hutchins  who  was  the  geographer  of  the  United  States  and  had  charge  of 
the  surveys  of  the  Seven  Ranges.  The  survey  began  in  1786  where  the 
Ohio  intersects  the  Pennsylvania  line  and  extended  west  a  distance  of  42 
miles  or  seven  ranges  of  townships.  This  line  is  known  as  the  "Geographer's 
Line."  From  the  42nd  mile  post  a  line  was  surveyed  south  to  the  Ohio 
river  above  Marieta.     This  line  passes  through  Dennison. 


76.     What  three  salt  spring  reservations  in  Ohio  were  made  by  the  national 
government?      How  many  acres  in  each  and  in  what  counties  located? 

Salt,  now  one  of  the  cheapest  of  the  necessaries  of  life,  was  so  ex- 
pensive to  early  settlers  that  it  was  almost  considered  a  luxury.  Much  of 
it  was  brought  over  the  mountains  on  pack  animals  and  sold  at  five  to  ten 
dollars  per  bushel.  There  were  several  salt  springs  in  Ohio  which  were 
considered  of  such  great  value  to  all  that  three  were  reserved  by  the  national 
government  to  prevent  monopoly  in  this  necessity. 

These  reservations  were  as  follows:  One  township  (23,040  acres) 
near  the  present  town  of  Jackson  in  Jackson  county,  4,000  acres  in  Brown 
township,  Delaware  county,  and  two  sections  in  Muskingum  county,  one  in 
Salt  Creek  township  and  one  in  Wayne  township.  Part  of  the  latter  section 
is  now  in  Brush  Creek  township  and  this  part,  which  is  on  the  west  side 
of  the  Muskingum  river,  contained  the  salt  spring.  It  was  stipulated  by 
congress  in  the  act  of  May  18,  1796,  that  these  salt  reservations  should  never 
be  sold,  but  in  1816  congress  authorized  the  sale  of  640  acres  of  the  Jackson 
county  reservation.  The  proceeds  of  this  sale  of  lots  and  land  were 
$7,196.00  which  was  used  to  construct  county  buildings.  In  1824  congress 
authorized  the  state  to  sell  all  salt  reservations  and  the  only  stipulation  as 
to  the  use  of  the  receipts  from  such  sales  was  that  they  should  be  used 
,  for  "literary  purposes."  The  general  assembly  in  1826  ordered  the  sale  of 
all  salt  lands.  These  funds  were  paid  into  the  state  treasury,  and  in  1829 
were  transferred  to  the  state  common  school  fund.  The  state  has  never 
paid  to  the  schools  of  Ohio  one  cent  either  as  principal  or  interest  on  this 
fund.  The  sales  amounted  to  about  $30,000.00.  For  a  number  of  years  ac- 
cumulated interest  was  aded  to  the  principal  until  the  amount  was 
$41,024.05.  This  sum  appeared  each  year  in  the  auditor  of  state's  statement 
of  the  irreducible  debt  until  1870  when  it  was  printed  for  the  last  time  and 
then   disappeared   forever.     The  state  had  used  the  money  and  the  schools 


46  OHIO   INTERROGATION    POINTS. 

never  received  one  penny.  The  last  payment  into  this  fund  was  made  in 
1849  and  the  total  then  of  $41,024.05  with  interest  at  six  per  cent,  up  to  the 
present  would  make  an  aggregate  amount  of  $200,000.00  due  the  schools  of 
Ohio. 

The  Scioto  Salt  Springs  were  the  most  noted  and  valuable.  Their 
existence  was  known  to  the  English  as  early  as  1755.  They  were  visited 
regularly  by  the  Indians  and  the  early  settlers,  and  when  Ohio  became  a 
state  the  general  assembly  appointed  an  agent  to  collect  a  license  fee  of 
three  cents  per  gallon  quarterly  on  the  capacity  of  each  salt  kettle  used  by 
the  salt  makers.  A  thriving  settlement  sprang  up  around  the  salt  springs, 
which  were  then  a  part  of  Ross  county,  and  this  growing  village  caused  the 
general  assembly  to  create  the  new  county  of  Jackson  with  the  county  seat 
at  the  salt  works. 

The  Delaware  Salt  Springs  were  of  little  value.  The  supply  of  salt 
water  was  not  sufficient  to  pay  for  operation  and  the  attempt  ended  in 
failure. 

The  salt  springs  on  Salt  Creek  in  Muskingum  county  near  the  present 
town  of  Chandlersville  were  of  more  importance.  The  Marietta  settlers 
began  making  salt  there  in  1795.  The  following  year  there  were  24  kettles 
being  operated.  Even  with  cheap  labor  and  fuel  it  cost  three  dollars  per 
bushel  to  produce  the  salt.  The  Chandler  family  were  the  most  noted  salt 
makers  of  the  region. 

The  sales  of  the  salt  reservations  by  the  state  followed  the  abandon- 
ment of  salt  making  at  the  salt  springs,  the  drilling  of  salt  wells  furnishing 
superior  brine  in  other  sections  of  the  state.  Ohio  about  1840  was  a  large 
producer  of  salt,  Morgan,  Athens  and  Meigs  counties  being  then  in  the  lead. 
Ohio  today  has  few  salt  furnaces. 

77.  Were  saloons  taxed  under  the  first  Ohio  constitution?  Did  the  Ohio 
supreme  court  in  early  days  render  a  decision  that  a  tavern  without  a 
bar  was  not  a  tavern?  Was  this  decision  unanimous?  Were  distilleries 
ever  exempted  from  taxation  in  Ohio  to  encourage  their  establishment  i 

Saloons  were  licensed  in  Ohio  under  territorial  government  and  until 
the  adoption  of  the  Constitution  of  1851  after  Ohio  became  a  state.  The 
first  license  law  was  adopted  in  1792  and  required  a  fee  of  $10.00  for  the 
privilege  of  selling  intoxicating  liquors.  The  first  state  law  in  1805  author- 
ized the  county  commissioners  to  charge  not  less  than  four  nor  more  than 
twelve  dollars  for  a  license.  In  1829  an  act  was  passed  permitting  grocers 
to  sell  liquor.     They  were  required  to  pay  a  license  fee  similar  to  taverns. 

It  was  the  custom  in  Ohio  during  the  first  quarter  century  of  the 
state's  history  for  every  public  inn  or  tavern  to  sell  liquor.  This  was  so 
universal  that  when  Horace  Curtis,  of  Belpre,  Washington  county,  in  1831, 
opened  a  tavern  and  refused  to  sell  liquor  or  pay  the  license,  he  was  ar- 
rested, convicted  and  fined  ten  dollars  and  costs.  The  case  was  carried 
to  the  supreme  court.  The  decision  rested  on  the  momentous  question,  "Js 
a  tavern  without  a  bar  a  tavern?"  Two  of  the  supreme  judges,  Lane  and 
Wright,  thought  it  was,  and  two,  Hitchcock  and  Collet,  decided  it  was  not. 
By  the  supreme  court  equally  dividing,  the  sentence  of  the  lower  court  was 
affirmed  and  Curtis  had  to  pay  his  fine,  and  also  pay  a  license  fee  if  he 
continued  in  business. 

The  first  law  by  the  general  assembly  to  exempt  from  taxation  property 
used  for  religious  and  educational  purposes  was  passed  in  1821.  In  1825 
additional  exemptions  of  property  were  made  to   encourage  manufacturing. 


OHIO    INTERROGATION    POINTS.  47 

Those  industries  most  desired  by  the  early  settlers  were  exempted,  includ- 
ing salt  works,  woolen  mills,  one  cow,  and  for  those  who  desired  something 
stronger  than  milk,  distilleries.  Liquor  was  then  generally  regarded  as  one 
of  the  necessities,  not  only  for  the  home  and  harvest  field,  but  all  public 
gatherings,   including   conferences   and   associations   held    by   the    churches. 

78.  What  important  liquor  tax  law  was  enacted  in  1883?  Were  saloons  in 
Ohio  taxed  from  1851  to  1883? 

Under  the  constitution  of  1851  the  open  saloon  where  liquor  could  be 
bought  and  consumed  was  unconstitutional.  From  1851  to  1883  saloons 
were  tolerated   but   not   taxed   by   the   state. 

The  first  law  passed  under  the  present  constitution  for  the  purpo=e 
of  taxing  saloons  was  the  act  of  1882  by  Senator  Frank  B.  Pond,  of  Morgin 
county,  a  former  attorney  general.  The  tax  ranged  from  $100.00  to  $3<»0.O0, 
depending  whether  the  saloon  was  in  a  township,  village  or  city.  The 
state  was  to  receive  no  part  of  this  tax.  The  supreme  court  declared  the 
law   unconstitutional   on  the  ground  that  it   was  a  license. 

The  Scott  law  of  1883  assessed  a  tax  of  $200.00  on  all  saloons,  the 
state  to  receive  no  part  of  the  tax.  Strange  to  say,  the  supreme  court 
declared  this  law  constitutional.  Courts  in  Ohio  at  that  period  were  like 
courts  have  been  through  all  the  ages  —  a  mere  expression  of  public  opinion, 
frequently  forced  by  public  demands  to  render  certain  decisions,  but  never 
in  advance  of  public  sentiment,  usually  a  long  distance  in  the  rear. 

The  Dow  law  was  passed  in  1886.  It  continued  the  $200.00  tax  and 
made  it  a  lien  on  the  property.  The  supreme  court  by  that  date  was  willing 
to  swallow  the  lien  feature  also.  In  1888  the  tax  was  raised  to  $250.00 
and  provision  was  made  for  the  state  to  receive  the  additional  fifty  dollars 
added. 

79.  When  was  the  famous  temperance  crusade  in  Ohio?  In  what  town  did 
this  agitation  originate  and  who  was  the  most  noted  leader  of  the  move- 
ment? 

The  famous  Temperance  Crusade  known  as  the  Women's  Crusade, 
had  its  origin  in  Hillsboro.  It  was  occasioned  by  a  lecture  delivered  there 
by  Dio  Lewis.  The  following  day,  December  24,  1873,  seventy  women 
formed  an  organization  and  marched  to  the  saloons  where  prayer  meetings 
were  held.  The  agitation  spread  next  to  Washington  C.  H.  and  later  to 
all  parts  of  the  state.  Mrs.  Thompson,  a  daughter  of  Allen  Trimble, 
former  governor,  was  first  president  of  the  organization  and  Mother  Stewart 
was  probably  the  most  prominent  leader.  The  crusade  closed  over  one 
hundred  saloons  in  twenty  to  thirty  towns.  The  immediate  accomplish- 
ments were  not  important  but  the  move  indirectly  resulted  later  in  the 
laws  taxing  saloons. 

Ohio  women  have  been  leaders  in  all  great  moral  reforms.  Frances 
E.  Willard  was  born  at  Oberlin,  in  Lorain  county.  One  of  the  first  woman 
suffrage  cornventions  held  in  America  met  at  Salem  in  Columbiana  county 
in  1850.  Fannie  D.  Gage,  the  McConnelsville  poetess,  was  the  leading 
spirit  of  this  pioneer  movement. 

80.  What  were  the  provisions  of  the  Adair  liquor  law  of  1870?  What  was 
th™  "McConnelsville  Ordinance?" 

The  Adair  liquor  law  of  1870  provided  that  suit  conk]  be  brought 
against  a  liquor  dealer   for  damages  occasioned  by  the  traffic.     Under  that 


48  OHIO   INTERROGATION    POINTS. 

drastic  law  any  one  damaged  directly  or  indirectly  could  file  suit.  The 
law  was  amended  in  1875  making  it  necessary  first  to  notify  the  liquor 
dealer  not  to  sell  to  the  person  named. 

From  1852  to  1902  city  and  village  councils  had  the  authority  to 
regulate,  restrain  or  prohibit  saloons.  Under  this  grant  of  authority  the 
council  of  McConnelsville,  in  September  1869,  prohibited  saloons  in  that 
village.  Chris  Burckholter  brought  suit  to  test  the  ordinance.  Burckholter 
had  been  sentenced  by  the  mayor  of  McConnelsville  to  pay  a  fine  and  to  be 
imprisoned  three  days.  Judge  Marsh  sustained  the  ordinance  and  the 
judgment  was  affirmed  by  the  Supreme  court  in  1870. 

81.  What  radical  changes  in  temperance  legislation  were  made  in  1888,  1896, 
1902,  1906  and  1908?  What  constitutional  changes  were  made  in  1912 
and  1914? 

In  1888  a  law  was  passed  granting  townships  the  right  to  vote  on 
prohibition  of  the  liquor  traffic.  In  1896  the  saloon  tax  was  increased  to 
$350.00.  In  1902  the  Beal  law  was  passed  granting  the  right  to  munici- 
palities to  vote  on  prohibition.  In  1906  the  tax  on  saloons  was  increased 
to  $1,000.00.  In  1908  the  Rose  county  local  option  law  was  enacted.  The 
Brannock    residence    district   law    was   passed    in    1904. 

In  1912  a  constitutional  amendment  was  adopted  by  a  vote  of  273,361 
to  188,825  permitting  the  licensing  of  saloons  in  Ohio  which  had  been 
unconstitutional  since  1851.  License  was  defeated  in  1851  by  a  vote  of 
113,237  to  104,255  and  again  in  1874  by  179,538  to  172,252.  The  amendment 
adopted  in  1912  limits  the  number  of  saloons  in  wet  territory  to  one  for 
each  five  hundred  population.  More  than  one  conviction  of  a  law  violation 
forfeits  the  license.  In  1914  an  amendment  was  adopted  by  12,618  majority 
which  abolishes  the  right  to  vote  as  a  county  on  prohibition.  State-wide 
prohibition  lacked  37,526  votes  of  a  majority  in  1883,  it  was  defeated  in 
1914  by  84,152  majority  and  again  in  1915  by  55,408  majority. 

82.  What,  where  and  when  was  the  first  railroad  built  in  Ohio?  Were  any 
land  grants  made  to  Ohio  railroads?  Did  Ohio  ever  financially  assist 
in  the  building  of  railroads? 

The  Erie  &  Kalamazoo  Railroad  from  Toledo  to  Adrian,  Michigan, 
was  the  first  railroad  in  Ohio.  It  was  opened  with  horse  cars  in  1836  and 
steam  locomotives  were  put  on  in  1837.  ' 

In  1837  the  general  assembly  passed  a  law  authorizing  state  loans  to 
assist  in  railroad  construction.  This  law  was  repealed  in  1840  but  in  the 
meantime  $717,515.00  of  state  funds  had  been  so  invested.  The  state  got 
back  but  $292,658.00  on  this  investment.  It  disposed  of  its  last  railroad 
stock  in  1866. 

The  national  government  made  no  grant  of  land  to  promote  railroad 
construction  in  Ohio.  Practically  all  government  land  in  Ohio  had  been 
sold  previous  to  the  building  of  Ohio's  first  railroads  and  the  granting 
of  vast  tracts  to  encourage  railroad  construction,  which  became  the  rule 
later  in  the  western  states,  was  impossible  in  Ohio.  As  late  as  1847  there 
were  but  36  miles  of  railroad  in  Ohio.  By  1850  the  mileage  had  increased 
to  300  miles. 

83.  Did  many  Ohio  counties  contribute  to  railroad  construction?  What 
change  in  this  respect  did  the  constitution  of  1851  make?  How  many 
miles  of  steam  roads  and  interurban  roads  now  in  Ohio?  Give  total 
value  of  railroads  for  taxation. 


OHIO  INTERROGATION   POINTS.  49 

While  state  contributions  to  railroads  ended  in  1840,  counties  were 
permitted  to  subscribe  to  such  ventures  until  1851,  when  the  new  constitution 
prohibited  all  such  transactions.  While  this  railroad  craze  was  active  37 
counties  invested  $4,173,000,  55  townships  $1,005,100  and  16  towns  $1,672,000. 
Practically  'all  this  investment  of  public  funds  was  lost,  many  counties  paying 
on  railroad  bonds  for  30  years  when  no  railroad  was  built. 

There  are  10,790  miles  of  steam  roads  in  Ohio  valued  for  taxation  at 
$699,000,000.00  and  2,810  miles  of  electric  interurban  roads  valued  at  $163,- 
000,000.00.     Ohio  ranks  first  in  the  mileage  of  interurban  roads. 

84.  What  was  the  first  Ohio  bank?     When  and  where  was  it  established? 

The  first  bank  in  Ohio  was  the  Miami  Exporting  Company,  of  Cin- 
cinnati, incorporated  April  15,  1803,  with  a  capital  of  $500,000.00.  Banks 
were  established  at  Marietta,  Chillicothe  and  Steubenville  in  1808  and  at 
Zanesville  in  1811.  The  first  general  banking  act  was  passed  in  1816.  The 
charters  of  all  banks  under  this  act  expired  in  1843. 

85.  In  what  two  Ohio  cities  were  United  States  branch  banks  established 
in  1817?  Were  these  banks  taxed  by  the  state?  When  did  their  charters 
expire? 

The  United  States  Bank  at  Philadelphia  established  branch  banks  in 
1817  at  Cincinnati  and  Chillicothe.  These  branch  banks  continued  doing 
business  until  1836.  There  was  great  opposition  to  these  banks  in  Ohio 
and  in  1819  the  general  assembly  levied  a  special  tax  of  $50,000.00  on  each. 
The  banks  refused  to  pay  this  tax  and  officers  of  the  state  forcibly  entered 
the  Chillicothe  bank  and  took  $100,000.00  in  specie  and  bank  notes  and 
placed  the  same  in  the  state  treasury.  Shortly  after  a  U.  S.  Marshal 
entered  the  state  treasury  and  returned  the  money  to  the  Chillicothe  bank. 
The  act  of  the  state  general  assembly  taxing  these  banks  was  declared 
unconstitutional  by  the  U.  S.  supreme  court  in  1824.  This  ended  the 
controversy. 

86.  Did  Ohio  ever  have  a  state  bank?  When  were  national  banks  first  es- 
tablished? 

Up  to  1845  the  banking  business  of  Ohio  was  in  a  deplorable  con- 
dition. Wildcat  banking  was  the  rule  and  bank  swindles  were  of  frequent 
occurrence.  During  the  panic  of  1837  the  Zanesville  bank  was  the  only 
one  in  Ohio  that  did  not  repudiate  its  obligations.  At  that  time  there  were 
34  banks  in  Ohio  with  capital  of  $13,700,000.00  The  Gallipolis  bank  with  a 
capital  of  $200,000.00  in  1839  had  notes  aggregating  $1,200,000.00  in  circula- 
tion. In  those  days  no  man  would  accept  bank  paper  without  first  investi- 
gating the  standing  of  the  bank  issuing  the  money. 

In  1845  Alfred  Kelley's  great  bank  act  was  enacted  by  the  general 
assembly.  It  ended  wildcat  banking  in  Ohio.  This  law  established  a  state 
bank  consisting  of  branches  without  a  central  bank.  The  state  printed 
the  notes  for  circulation  and  exercised  control  over  the  banks  but  was  not 
a  stockholder.  The  law  divided  the  state  into  twelve  districts  and  authorized 
a  total  of  63  branch  banks.  The  capital  of  each  could  not  be  less  than 
$100,000.00  nor  more  than  $500,000.00.  The  total  capital  was  limited  to 
$6,150,000.00  This  was  a  masterpiece  of  financial  legislation  for  that 
period  and  the  plan  was  largely  followed  by  Salmon  P.  Chase,  secretary 
of  the  treasury,  in  providing  for  national  banks  during  the  Civil  War. 


50  OHIO  INTERROGATION  POINTS. 

National  Banks  were  authorized  by  law  of  congress  in  1863  and  of  66 
organized  during  the  first  year,  20  were  in  Ohio. 

87.  Did  the  United  States  ever  levy  a  direct  tax  on  Ohio?  What  was  the 
largest  sum  of  money  ever  received  by  Ohio  from  the  national  govern- 
ment?    How  were  the  first  Ohio  taxes  levied? 

The  U.  S.  Congress  has  never  levied  a  direct  tax  on  the  state  except 
during  the  War  of  1812  and  the  Civil  War.  In  1813  a  tax  of  $3,000,000.00 
was  levied  on  all  the  states,  in  1814  another  of  $6,000,000.00  and  in  1816  a 
third  of  $3,000,000.00.  This  tax  was  apportioned  among  the  states  in  pro- 
portion to  population.  It  was  also  provided  that  any  state  would  be 
allowed  15  per  cent,  discount  for  prompt  payment.  Ohio  secured  the  dis- 
count each  year.  Her  cash  payment  in  1813  was  $88,528,  and  $177,055  in 
1814,  and  in  1816  the  same  as  in  1813,  making  a  total  paid  by  the  state  of 
$354,110.00. 

By  act  of  congress  of  August  5,  1861,  a  direct  tax  of  $20,000,000.00 
was  levied  on  the  states.  Ohio's  proportion  was  $1,567,089.00,  but  by  prompt 
payment  15  per  cent,  discount  was  allowed  and  the  state  paid  $1,332,026.00. 
The  national  government  paid  back  this  sum  to  Ohio,  in  1891. 

The  national  debt  was  entirely  extinguished  for  the  first  time  during 
Jackson's  administration.  A  large  surplus  soon  accumulated  in  the  national 
treasury  and  in  1837  the  sum  of  $28,101,644.97  was  distributed  among  the 
states  of  which  Ohio  received  $2,007,260.34.  This  was  loaned  to  the 
counties  of  the  state  in  proportion  to  population.  Each  county  paid  interest 
on  the  loan  and  this  interest  was  used  for  the  benefit  of  the  common 
schools.  These  loans  were  to  be  paid  back  to  the  state  in  1850.  Most 
counties  paid  back  their  loans  as  agreed,  but  a  few  delayed  payment  for 
several  years.  The  last  county  to  refund  this  money  to  the  state  was 
Highland  in  1875.  The  state  used  the  money  in  paying  the  canal  debt. 
The  national  government  has  never  required  the  return  of  this  loan. 

The  first  state  taxes  were  levied  entirely  on  land  and  all  taxation  of 
personal  property  was  for  the  support  of  counties.  The  first  general  land 
tax  law  was  passed  in  1804.  It  divided  all  lands  in  the  state  into  three 
classes.  First  class  land  was  taxed  70  cents  per  one  hundred  acres, 
second  class  50  cents  and  third  class  26  cents.  As  land  increased  in  value 
these  rates  were  increased.  In  1810  the  rates  were  $1.25,  $1.00  and  60  cents. 
In  1820  the  rates  of  land  taxation  were  increased  to  $1.50,  $1.00  and  50 
cents.  The  state's  proportion  of  land  taxes  varied  in  different  years.  At 
first  the  state  received  three-fourths  and  the  counties  one-fourth.  In 
1810  the  counties  were  given  one-third  while  in  1820  the  counties'  propor- 
tion was  reduced  to  one-fifth.  Counties  were  permitted  to  tax  lots  in 
towns  but  not  farm  land.  They  could  also  tax  horses  and  cattle  and 
dwellings  valued  at  $100.00  or  more.  No  effort  was  made  to  tax  moneys 
or  credits. 

88.  Did  Ohio  ever  employ  the  single  tax  principles  in  taxing  the  lands  of 
non-residents  to  compel  their  occupation  or  sale?  When  was  land 
classification  for  taxation  abolished? 

Ohio  wisely  adopted  the  single  tax  principle  of  taxation  in  the  begin- 
ning and  many  students  of  economics  today  regard  it  as  a  lamentable 
event  in  Ohio  history  when  the  change  was  made  to  general  taxation  of 
all  property,  personal  and  real,   including  improvements,  buildings,   moneys 


OHIO  INTERROGATION  POINTS.  51 

and  credits.  Many  believe  that  had  land  taxation  been  retained  as  the 
permanent  and  exclusive  source  of  .state  and  local  revenue,  it  would  have 
prevented  many  of  the  present  day  inequalities  in  the  distribution  of 
wealth  and  would  have  produced  a  more  healthy  and  general  growth  in 
industry  and  avoided,  largely,  the  unhealthy,  congested  and  impoverished 
condition  of  the  tenement  districts  of  our  cities. 

It  is  now  probably  too  late  to  change  from  our  present  system  of 
taxation  to  exclusive  land  taxation.  We  are  adjusted  to  the  present 
system,  investments  in  lands  have  been  made  by  hundreds  of  thousands 
of  innocent  purchasers  who  did  ,not  make  our  present  tax  system,  and  a 
radical  change  would  be  an  injustice  and  a  hardship.  But  the  present 
system  is  unquestionably  the  cause  of  the  inflated  values  in  the  business 
districts  of  our  large  cities  and  these  phenomenal  increases  in  the  value 
of  city  lots  have  tended  to  depress  the  price  of  farm  lands  and  depopulate 
the  rural  sections. 

In  1880  the  assessed  value  of  farm  lands  in  Ohio  was  almost  double 
the  value  of  real  estate  in  cities  and  villages.  The  value  of  farm  lands 
by  the  1916  assessment  was  $1,778,683,379.00,  while  real  estate  in  cities  and 
villages  was  $3,071,434,794.00.  Since  1880  the  value  of  farm  lands  as  valued 
for  taxation  has  increased  less  than  255  per  cent.,  while  real  estate  in  cities 
and  villages  has  increased  over  775  per  cent.  The  relative  increase  of  real 
estate  in  cities  and  villages  is  much  greater  than  shown  by  the  assessors' 
returns,  for  a  large  part  of  city  real  estate  is  not  appraised  at  its  real 
market  value7  while  nearly  all  farm  land  is  appraised  at  full  value. 

The  single  tax  principle  employed  in  early  Ohio  taxation  of  levying 
taxes  on  land  and  exempting  or  taxing  lightly  for  local  purposes  all  per- 
sonal property  had  the  effect  of  compelling  non-resident  land  holders  to 
either  settle  on  their  lands  or  sell  them.  In  1810  non-residents  paid  almost 
twice  as  much  taxes  in  Ohio  as  residents,  as  at  that  time  their  holdings 
were  double  the  number  of  acres  owned  by  actual  settlers.  This  system 
of  taxation  produced  two  beneficial  results.  It  caused  a  rapid  settlement 
of  the  state  and  it  soon  wiped  out  absentee  landlordism.  In  1815  non- 
residents owned  only  half  the  taxable  land  while  in  1820  they  held  only 
half  as  much  land  as  residents.  During  the  same  period,  from  1803  to  1820, 
the  population  of  the  state  increased  from  47,000  to  581,000. 

The  classification  system  of  land  taxation  was  abolished  in  1825  and 
the  taxation  of  all  property,  personal  and  real,  was  substituted  and  the 
latter  system  has  prevailed  ever  since.  The  abandonment  of  the  old  system 
was  caused  by  the  growth  of  abuses'  in  the  listing  of  land  for  taxation.  The 
following  table  gives  the  number  of  acres  of  each  class  in  the  state  as 
returned  for  the  years  mentioned.  It  shows  that  as  the  state  increased  in 
population  land,  seemingly,  became  less  valuable.  As  a  matter  of  fact 
first  -class  land  had  increased  rapidly  in  amount  but  the  owners  had  found 
out  how  to  dodge  taxation. 

Year.  Acres  1st  Class.  Acres  2d  Class.  Acres  3d  Class. 

1803    101,709  2,326.226  3,641,694 

1810    129,741  4,117,950  5.625.408 

1820    255,082  7,304.633  5,759.323 

1825    178,998  5,672,277  7,173,798 

Fraudulent  classifications  had  become  so  common  in  many  counties  that, 
before  the  system  was  abandoned,  inequalities  among  counties  rendered 
state    taxation    an    intolerable    farce.      In    1824    the    populous    and    wealthy 


52  OHIO  INTERROGATION   POINTS. 

county  of  Hamilton  with  the  largest  city  of  the  state  paid  $2,080.00  taxes 
into  the  state  treasury  while  sparsely  settled  Athens  with  no  cities  paid 
$2,142.00. 

89.  Who  originated  the  plan  adopted  in  1846  providing  for  the  first  general 
property  tax  in  Ohio?  When  was  direct  taxation  by  the  state  to  meet 
ordinary  state  expenditures  abolished? 

In  Ohio,  as  elsewhere,  the  man  of  brains  is  forgotten,  but  the  memory 
of  the  man  with  stout  lungs,  an  elastic  tongue  and  big  mouth  is  treasured 
by  succeeding  generations.  The  name  of  Ohio's  greatest  statesman  of  the 
half  century  preceding  the  Civil  War  is  seldom  mentioned  in  the  class 
rooms  of  Ohio's  high  schools  and  colleges. 

Ohio  is  justly  proud  of  the  stability  and  safety  of  her  financial 
institutions,  her  marvelous  industrial  development,  her  just  system  of 
taxation,  which  is  superior  to  all  other  states,  and  her  splendid  schools 
and  colleges,  but  to  her  everlasting  reproach  she  does  not  honor  the  man 
who,  more  than  all  others,  made  possible  this  remarkable  progress.  The 
greatest  constructive  statesman  of  the  first  half  century  of  Ohio  history 
was  Afred  Kelley.  He  was  born  in  Connecticut,  November  7,  1789.  He 
came  to  Ohio  and  located  in  Cleveland  in  1810  and  four  years  later  when 
barely  of  constitutional  age  he  was  elected  as  representative  in  the  gen- 
eral assembly.  He  later  moved  to  Columbus  and  served  several  terms  in 
the  state  senate,  retiring  in  1857,  43  years  after  his  first  entrance  into  the 
legislature.  In  1814  he  was  the  youngest  member  and  in  1857  he  was 
the  oldest.  For  over  40  years  he  was  almost  continuously  in  the  service  of 
the  state  as  member  of  the  general  assembly,  canal  commissioner  and  canal 
fund  commissioner. 

Here,  briefly,  are  his- most  important  accomplishments:  author  of  the 
law  abolishing  imprisonment  for  debt;  largely  responsible  for  eradicating 
lotteries  from  the  state;  led  the  fight  for  the  passage  of  the  canal  and 
school  laws  of  1825;  as  canal  commissioner  from  1825  to  1834  had  charge 
of  the  construction  of  the  canals,  a  public  improvement  that,  for  its 
extent,  cost  less  than  any  other  in  the  history  of  America;  author  of  the 
famous  bank  law  of  1845  and  of  the  still  more  noted  tax  law  of  1846 ;  author 
of  the  law  creating  the  office  of  state  school  commissioner.  He  was  a 
great  lawyer  but  quit  a  lucrative  practice  to  construct  the  Ohio  canals 
and  in  this  capacity  served  the  state  at  three  dollars  per  day.  In  later 
life  in  a  private  capacity  constructed  some  of  Ohio's  first  railroads.  Thus 
he  did  more  for  schools,  canals,  banks  and  just  taxation  than  any  man 
in   Ohio  history. 

Under  the  Whig  administration  of  Governor  Tom  Corwin,  the  eloquent, 
on  November  15,  1841,  the  state  treasury  of  Ohio  contained  $1,393.33J  in 
cash.  On  January  1st  following  $400,000.00  of  interest  on  the  public  debt 
was  due  and  $300,000.00  of  temporary  loans  was  also  due.  A  resolution 
repudiating  the  state  debt  was  introduced  in  the  general  assembly  and  ■ 
lacked  but  seven  votes  of  a  majority.  Kelley  opposed  this  disgraceful 
effort  to  repudiate  the  state's  lawful  debts  and  went  to  New  York  and 
borrowed  sufficient  funds  on  his  own  credit  to  meet  the  state's  obligations. 
Being  a  Whig,  he  thus  saved  the  credit  not  only  of  his  state  but  his 
party  as  well.    He  died  December  2,  1859,  aged  70  years. 

Direct  taxation  by  the  state  to  meet  ordinary  expenditures  was 
abolished  in  1902.  The  amount  so  collected  in  1902  and  turned  into  the 
general  revenue  fund  was  $2,759,929.20.  Nothing  was  collected  by  direct 
tax  for  this  purpose  in  1903  or  since. 


OHIO  INTERROGATION  POINTS.  53 

90.  What  is  a  poll  tax?     Does  Ohio  now,  or  has  it  ever  collected  a  poll  tax? 

A  poll  tax  is  a  tax  levied  on  each  individual  of  a  class,  usually 
males  above  a  certain  age. 

The  levying  of  a  poll  tax  has  always  been  unconstitutional  in  Ohio. 
The  first  constitution,  Art.  VIII,  Sec.  23,  said:  "The  levying  of  taxes  by 
the  poll  is  grievous  and  oppressive;  therefore  the  legislature  shall  never 
levy  a  poll  tax  for  county  or  state  purposes."  This  provision  was  inserted 
in  the  constitution  of  1851  without  change.  In  spite  of  this  prohibition  the 
legislature  for  many  years  evaded  the  provision  and  authorized  the  requir- 
ing of  two  days'  labor  on  the  highways  annually  by  voters  of  certain  ages. 

To  put  an  end  to  this  evasion,  Art.  XII,  Sec.  1  of  our  constitution 
was  amended  in  1912  to  read  as  follows :  "No  poll  tax  shall  ever  be  levied 
in  this  state,  or  service  required  which  may  be  commuted  in  money  or 
other  thing  of  value." 

91.  What  state  and  local  officials  have  authority  to  levy  taxes?     Has  Ohio 
an  inheritance  tax? 

All  state  taxes  are  levied  by  the  general  assembly.  There  is  a  lim- 
itation to  all  taxation  under  the  Smith  one  per  cent,  tax  law  passed  in 
1911.  Under  the  limits  now  placed  by  law  on  taxation,  the  rate  for  all 
purposes,  except  sinking  fund  and  interest  on  debt,  cannot  exceed  one  per 
cent,  and  the  total  rate  cannot  exceed  one  and  one-half  per  cent,  for  all 
purposes  with  the  exception  that  the  state  levy  for  the  state  highway  fund 
of  three-tenths  of  a  mill,  and  any  levy  made  necessary  by  the  1913  flood 
emergency  bonds,  are  independent  of  all  limitations,  so  that  it  is  possible 
for  a  total  rate  to  slightly  exceed  the  one  and  one-half  per  cent,  limit. 

Under,  the  law  the  total  county  rate  cannot  exceed  three  mills,  the 
total  school  rate  five  mills,  municipal  rate  five  mills,  and  township  rate  two 
mills.  It  can  be  seen  that  if  county,  town,  township  and  schools  all  lew 
the  maximum  rate,  the  total  rate  will  far  exceed  the  total  rate  permitted 
by  state  law.  To  adjust  these  various  rates  for  local  purposes,  a  county 
budget  commission  consisting,  under  the  law  of  1915,  of  the  county 
auditor,  treasurer  and  prosecuting  attorney,  is  empowered  with  authority  to 
fix  the  rate  for  each  purpose.  The  county  commissioners  certify  the  rate 
needed  for  county  purposes,  the  city  or  village  council  for  municipal  pur- 
poses, the  board  of  education  for  school  purposes,  and  the  trustees  for 
township  purposes.  The  budget  commission  takes  these  requests  and  makes 
such  reductions  as  necessary  to  bring  the  total  tax  rate,  including  the  state 
rate,  to  not  more  than  the  limitiations  fixed  by  law. 

The  first  state  collateral  inheritance  tax  law  was  passed  in  1893.  A 
direct  inheritance  tax  law  was  passed  in  1894,  but  was  declared  uncon- 
stitutional in  1895.  Another  law  taxing  direct  inheritance  was  passed  in 
1904  and  declared  constitutional,  but  the  law  was  repealed  in  1906.  We 
have  today  no  state  law  taxing  direct  inheritance.  Under  the  present  state 
collateral  inheritance  tax  law  there  is  a  tax  of  five  per  cent,  on  all  sums 
over  five  hundred  dollars  bequeathed  to  persons  other  than  the  parents, 
husband  or  wife,  or  descendants  of  the  decedent.  The  state  receives  half 
of  all  collateral  inheritance  tax  collections,  the  remaining  half  going  to 
the  city,  village  or  township  where  the  estate  is  located. 

92.  What  is   the   total  tax  duplicate   of  Ohio?     In   what   two  years   in  Ohio 
history  were  the  largest  increases  in  the  tax  duplicate  of  the  state  made? 

The  grand  duplicate  of  Ohio  as  listed  for  taxation  in  1916  is  $7,697,- 
630,232.00.     Of  this  sum  $4,850,118,173.00  is  real  estate  and  $2,847,512,059.00 


54  OHIO  INTERROGATION  POINTS. 

personal  property.  More  than  one-half  of  all  taxable  property  is  in  cities 
and  villages,  the  amount  being  $3,071,434,794.00  real  estate  and  $1,732,034,421.00 
of  personal  property,  making  a  total  duplicate  in  municipalities  of  $4,803,- 
469,215.00.  Ohio  is  the  only  state  in  the  union  that  has  all  its  visible  prop- 
erty on  the  tax  duplicate  at  practically  its  market  value.  New  York,  which 
has  four  times  the  wealth  of  Ohio,  has  a  duplicate  only  one-half  larger  than 
Ohio.  The  duplicate  of  Pennsylvania  is  nearly  one  billion  dollars  less  than 
Ohio,  and  Illinois,  with  more  wealth  than  Ohio,  has  a  duplicate  one-third 
the  total  in  this  state. 

Ohio  may  have  made  a  mistake  in  1825  in  abandoning  the  single  tax 
on  land,  but  if  we  are  to  tax  personal  property,  the  present  system  of 
taxation  by  a  uniform  rule  is  the  only  sensible  course  to  pursue.  There 
is  no  middle  ground.  The  advocate  of  single  tax  fights  for  a  principle,  but 
the  propagandist  for  classification  usually  wishes  to  transfer  the  burdens 
of  taxation  onto  the  shoulders  of  others.  Alfred  Kelley  was  the  real 
father  of  the  uniform  rule  in  taxation,  and  his  tax  law  of  1846  produced 
the  first  large  increase  in  the  .tax  duplicate  of  Ohio.  The  total  duplicate 
of  the  state  in  1846  was  $159,293,132,  while  $410,763,100  was  the  total  for 
the  following  year,  as  assessed  under  the  new  law. 

The  next  large  increase  in  the  state  grand  duplicate  occurred  in  1911 
when  the  Smith  one  per  cent,  tax  law  was  adopted.  The  total  duplicate  of 
the  state  in  1910  was  $2,389,978,349.  In  1911  it  was  increased  to  the  re- 
markable total  of  $6,201,303,588. 

Experience  has  demonstrated  that  the  only  sensible  policy  is  to  tax 
everything,  seen  and  unseen,  at  its  actual  market  value  by  a  uniform  rule 
and  rigidly  limit  taxation  to  one  per  cent. 


93.  Has  Ohio  any  bonded  indebtedness?  Why  was  the  creation  of  a  state 
debt  limited  in  the  constitution  of  1851?  What  and  when  was  the 
largest  state  debt  in  the  history  of  Ohio?  Was  the  state  debt  increased 
during  the  Civil  War?  In  what  year  was  the  state  debt  finally  extin- 
guished? 

Ohio  has  no  bonded  indebtedness.  Records  of  the  auditor  of  state's 
office  show  that  $1,665.00  of  the  state's  bonded  indebtedness  has  never 
been  paid.  This  is  an  old  canal  debt  on  which  interest  ceased  in  1849. 
If  presented  for  payment  no  interest  could  be  collected  for  the  past  68 
years.  As  the  last  payment  on  this  debt  was  $100.00  in  1870,  it  is  certain 
that  the  bonds  have  been  lost  or  destroyed  and  will  never  be  presented 
for  payment. 

Under  the  constitution  the  debt  of  the  state  can  never  exceed  $750,- 
000.00,  except  to  repel  invasions  or  suppress  insurrections.  It  is  also  pro- 
vided that  at  least  $100,000.00  shall  be  paid  yearly  on  the  principal  of  any 
debt  created. 

The  enormous  state  debt  created  under  the  constitution  of  1802  to 
construct  the  canals  and  assist  in  the  building  of  railroads  proved  such  a 
burden  that  to  prevent  a  future  calamity  of  this  character  the  framers  of 
the  constitution  of  1851  wisely  inserted  a  section  restricting  the  total  state 
debt  that  can  be  created  to  $750,000.00.  It  is  a  misfortune  that  similar 
limitations  were  not  placed  in  the  constitution  as  to  city,  village,  county 
and  other  local  indebtedness.  Today  the  state  is  free  of  debt  while  cities 
and  other  subdivisions  are  staggering  under  a  crushing  burden  of  debt  which 
in  1017  totaled  over  four  hundred  and  fourteen  million  dollars,  an  increase 
of  three  hundred  and  seventeen  million  dollars  since  1000. 


OHIO  INTERROGATION  POINTS.  55 

Ohio  had  no  state  debt  until  1825.  Canal  construction  caused  the 
creation  of  an  enormous  state  debt.  The  debt  of  Ohio  reached  a  maximum 
in  1844  when  it  amounted  to  $18,004,526.  During  the  Civil  War,  in  spite 
of  the  fact  that  the  state's  military  expenditures  during  the  war  were 
$10,410,238.71,  the  state  debt  was  reduced  from  $14,286,935.41  in  1861  to 
$12,912,014.45  in  1865.  This  is  truly  a  wonderful  exhibit  of  real  economy 
and  splendid  financial  management  by  those  in  charge  of  the  state  govern- 
ment during  the  Civil  War.  The  state  debt  was  all  finally  paid  in  1903 
and  Ohio  since  that  date  has  had  no  bonded  indebtedness. 

94.  Give  the  area,  population,  number  of  townships,  number  of  election  pre- 
cincts, number  of  congressmen,  number  of  legal  holidays,  mean  annual 
temperature  and  average  annual  rainfall  of  Ohio.  Give  the  dates  of  the 
most  destructive  floods,  storms  and  frost  in  Ohio  history. 

Area,  41,040  square  miles,  of  which  300  square  miles  are  water. 
There  are  26,265,600  acres  in  Ohio,  of  which  24,105,708  acres  are  farm 
lands. 

Population  in  1910  was  4,767,121  of  whom  111,452  were  colored. 

Number  of  townships  —  1,379. 

Number   of   voting   precincts  —  5,756.     In   1900   there   were  3,181. 

Number  of  legal  holidays  —  8. 

Number   of   congressmen  —  22. 

Average   mean   annual   temperature  —  51    degrees. 

Average  annual  rainfall  —  39  inches.  The  rainfall  in  1856  was  only 
28   inches,   while   in   1890   it  amounted   to   50   inches. 

The  most  destructive  floods  on  the  Ohio  river  occured  in  the  fol- 
lowing years:  1772,  1832,  1847,  1883,  1884,  1898  and  1913.  The  great  flood 
throughout  Ohio  in  1913  was  the  most  destructive  in  Ohio  history,  but 
the  highest  point  ever  reached  by  the  Ohio  at  Cincinnati  was  slightly  over 
71  feet  in  1884. 

The  noted  "June  frost"  was  on  the  morning  of  June  5,  1859. 

Among  noted  tornadoes  were  the  following:  September  8,  1885,  at 
Washington  C.  H.;  April  27,  1884,  at  Jamestown  in  Green  county;  the 
Burlington  storm  on  May  18,  1825,  the  most  destructive  tornado  in  Ohio 
history,  passing  through  Deleware,  Licking,  Knox  and  Coshocton  counties. 


95.  What  relation  to  Ohio  have  the  following  religious  sects  held:  Shakers, 
Dunkards,  Zoarites  and  Mormons?  What  events  in  Ohio  history  do  the 
following  names  suggest:  Boquet,  Fallen  Timbers,  Leatherwood  God, 
Gnadenhutten,  Johnny  Appleseed,  Col.  Wm.  Crawford  and  Big  Bottom? 

The  Shakers,  or  Shaking  Quakers,  were  followers,  of  Ann  Lee  and 
originated  in  England  in  1747.  Three  Shakers  from  New  York  came  to 
Warren  county  in  1805  and  established  a  Shaker  community  at  Union 
Village,  four  miles  west  of  Lebanon.  There  were  at  about  1830  to  1840 
a  total  of  500  in  this  community.  They  held  4000  acres  in  common.  The 
sect  did  not  believe  in  marriage  and  had  many  peculiar  customs.  Other 
settlements  were  made  in  Adams  and  Montgomery  counties.  The  church 
is  now  about  extinct  in  Ohio. 

The  Dunkards,  or  German  Baptists,  originated  in  Germany  about 
1700.  They  believe  in  triple  immersion.  Dunkards  came  to  America  and 
settled  at  Germantown,  Pennsylvania,  in  1719.     A  settlement  was  made  by 


56  OHIO   INTERROGATION   POINTS. 

them    in    Ashland    county    in    1860.      They    are    a    very    industrious,    frugal 
people  and  avoid  all  display  in  dress. 

The  Zoarites,  or  Separatists,  originated  in  Germany  in  Wurtemberg. 
About  200,  led  by  Joseph  M.  Bimeler,  came  to  America  in  1817  and 
founded  the  town  of  Zoar  in  Tuscarawas  county.  They  did  not  practice 
prayer,  baptism  or  the  sacrament.  They  owned  their  property  in  com- 
mon, and  at  one  time  held  9,000  acres  of  very  fertile  land.  It  was  quite 
a  prosperous  community.with  good  farms  and  several  small  factories  in 
Zoar.  In  recent  years  the  land  has  all  been  parceled  out  or  sold  and  the 
old  system  and  institutions  abandoned. 

The  Mormons,  or  Latter  Day  Saints,  originated  in  New  York  in  1830, 
being  founded  by  Joseph  Smith.  Smith  and  his  followers  came  to  Ohio 
in  1831  and  established  Kirtland,  in  Lake  county.  The  following  year  they 
were  joined  by  Brigham  Young.  Ohio  can  thus  claim  to  be  the  real 
parent  soil  of  Mormonism.  Smith  and  Rigdon,  the  two  leaders,  were 
tarred  and  feathered  at  Hiram.  The  noted  Temple  at  Kirtland  was  dedi- 
cated in  1836.  It  is  a  three  story  stone  structure  60  feet  by  80  feet  and 
cost  $60,000.00.  Polygamy  was  not  practised  by  the  Mormons  while  in 
Ohio.  Persecution  and  the  collapse  of  a  bank  and  land  speculation  caused 
Smith  and  Rigdon  and  many  of  their  followers  to  leave  Ohio  in  1837. 
They  located  first  in  Missouri  and  in  1840  at  Nauvoo,  Illinois,  where 
polygamy  was  introduced  and  where  Joseph  Smith  was  murdered  by  a 
mob.  A  branch  of  the  church  still  owns  the  Temple  at  Kirtland. 

Colonel  Henry  Boquet,  a  native  of  Switzerland,  in  1764,  with  1500 
soldiers,  starting  from  Pittsburgh,  made  the  first. real  invasion  of  Ohio  by 
colonial  troops.  He  penetrated  the  region  as  far  as  the  present  location 
of  Coshocton  and  secured  the  release  of  many  captives.  This  expedition 
was  to  punish  the  Delawares  for  assisting  Pontiac.  During  the  later  raid 
into  the  same  region  by  Mcintosh  in  1778,  Ft.  Laurens,  the  first  American 
fort  in  Ohio,  was  built  near  Bolivar  in  Tuscarawas  county.  The  general 
assembly  in  1915  appropriated  $5,500.00  to  purchase  the  site  of  this  fort. 

Fallen  Timbers,  fought  August  20,  1794,  by  General  Wayne  on  the 
banks  of  the  Maumee  in  the  present  county  of  Lucas,  was  the  most  noted 
victory  ever  gained  over  the  Indians  on  Ohio  soil.  With  3,000  men  he 
utterly  routed  a  large  body  of  Indians  representing  all  the  tribes  of  that 
region.  It  resulted  in  the  final  evacuation  in  1796  by  the  British  of  Ft. 
Miami  on  the  Maumee  in  Lucas  county  and  of  Detroit.  It  also  forced 
the  Indians  to  sign  a  treaty  at  Greenville  the  following  year. 

The  Leatherwood  God  was  a  name  given  to  Joseph  C.  Dylks,  a 
strange  character  of  unusual  dress  and  appearance,  whose  origin  is  un- 
known, who  mysteriously  appeared  in  August,  1828,  at  a  camp-meeting  being 
held  on  Leatherwood  creek  in  Guernsey  county.  He  proclaimed  himself 
God  and  gained  a  considerable  following.  He  suddenly  disappeared  a  few 
months  later  but  several  continued  to  believe  in  his  divinity  for  a  number 
of  years. 

Gnadenhutten  was  the  settlement  of  Christian  Delaware  Indians  on 
the  Tuscarawas  in  Tuscarawas  county,  among  whom  the  famous  Moravian 
missionaries  Rev.  John  Heckewelder  and  Rev.  David  Zeisberger  labored. 
Between  90  and  100  of  these  civilized  Indians,  men,  women  and  children, 
were  massacred  by  Col.  Williamson's  forces,  March  8,  1782.  It  was  the 
most  brutal  crime  ever  enacted  by  the  whites  on  Ohio  soil. 

Johnny  Appleseed,  whose  real  name  was  John  Chapman,  was  an 
eccentric  character  who  came  to  Ohio  from  New  England  in  1801.  He 
traveled  over  the  state  with  a  supply  of  apple  seeds,  planting  nurseries  and 


OHIO  INTERROGATION   POINTS.  57 

was  a  familiar  figure  in  many  sections  from  1810  to  1835.  He  may  have 
been  insane,  but  his  efforts  proved  of  great  benefit  to  the  early  settlers  in 
planting  apple  trees  in  many  counties.  He  died  in  1845,  aged  70  years,  and 
is  buried  in  Indiana,  near  Ft.  Wayne. 

Col.  William  Crawford  was  a  famous  Indian  fighter  who  led  an  ex- 
pedition against  the  Indian  villages  about  Sandusky  in  1782.  He  was 
accompanied  by  Col.  Williamson.  The  forces  of  Crawford  were  defeated 
and  he  was  captured  and  burned  at  the  stake  near  the  present  site  of  Upper 
Sandusky. 

Big  Bottom  was  the  first  noted  massacre  of  white  settlers  in  Ohio 
after  the  settlement  at  Marietta  in  1788.  The  massacre  occurred  January  2, 
1791,  near  the  present  site  of  Stockport  in  Morgan  county,  and  was  per- 
petrated by  a  band  of  about  25  Delaware  and  Wyandot  Indians.  Twelve 
whites  were  killed  and  two  escaped.  The  state  now  owns  the  site  of  the 
massacre.  A  monument  was  erected  by  the  late  Obediah  Brokaw,  for  many 
years  owner  of  the  farm. 

96.  What  Ohio  citizens  have  been  chief  justices  of  the  supreme  court? 
What  other  Ohio  men  have  been  members  of  that  court?  Has  Ohio  ever 
furnished  a  vice-president,  speaker  of  the  house,  or  secretary  of  state? 

Of  the  nine  men  who  have  served  as  chief  justices  of  the  U.  S. 
supreme  court,  Ohio  has  furnished  two  —  Salmon  P.  Chase,  1864-1873, 
and  Morrison   R.  Waite,   1874-1888. 

The  associate  justices  from  Ohio  have  been  John  McLean,  1829-1861, 
Noah  H.  Swayne,  1861-1881,  Stanley  Matthews,  1881-1889,  and  William  R. 
Day,  1903,  to  the  present.  Only  four  justices  have  exceeded  Judge  McLean 
in  years  of  service  —  Marshall,  Story,  Field  and  Harlan.  With  the  excep- 
•  tion  of  the  period  from  1889  to  1903,  Ohio  has  had  one  or  more  members 
of  the  U.  S.  supreme  court  continuously  since  1829. 

No  Ohio  man  has  ever  been  elected  vice-president.  Senator  Ben- 
jamin F.  Wade  of  Ohio  was  acting  vice-president  from  1867  to  1869  under 
President  Johnson.  Vice-presidents  Hendricks  and  Fairbanks  were  natives 
of  Ohio.  Pendleton  and  Thurman  were  candidates  for  vice-president  but 
.  were  defeated. 

The  only  speaker  of  the  House  from  Ohio  was  J.  Warren  Keifer  of 
Springfield  for  one  term,  1881-1883. 

Ohio  can  rightfully  claim  to  be  the  mother  of  presidents,  judges  and 
generals,  but  she  has  not  been  prolific  in  producing  secretaries  of  state. 
It  was  94  years  after  her  admission  when  she  was  first  honored  with  an 
Ohio  man  in  that  position  —  John  Sherman,  1897-8,  under  McKinley.  He  was 
succeeded  in  1898  by  William  R.  Day,  also  of  Ohio,  who  served  a  few 
months.     Day  in  1903  was  appointed  a  member  of  the  U.  S.  supreme  court. 

97.  For  what  president  did  Ohio  cast  her  first  vote?  Did  Ohio  ever  cast 
her  electoral  vote  for  a  Federalist?  Did  Jackson,  Clay  or  Harrison  ever 
fail  to  receive  the  electoral  vote  of  Ohio?  Did  the  state  support  James 
Buchanan?     Has  Ohio  ever  divided  her  electoral  vote? 

Jefferson  carried  Ohio  in  1804,  receiving  2.593  votes  out  of  3.213  cast. 
No  Federalist  candidate  for  president  ever  received  a  majority  in  Ohio. 

Jackson  and  Clay  each  carried  Ohio  twice  and  failed  to  carry  it  once 
each.  In  1824  in  Ohio,  Jackson  received  18,489  and  Clay  19,255.  In  1832 
Jackson   received   81,246   and   Clay   76,539.     Harrison    made   two    races   for 


58  OHIO  INTERROGATION  POINTS. 

president,   1836  and   1840,  and  carried  Ohio  both   elections.     In   1856  Ohio 
cast  170,874  votes  for  Buchanan  and  187,497  for  Fremont. 

In  presidential  elections  the  first  elector  on  each  ticket,  by  reason  of 
mistakes  in  marking  the  ballot,  usually  receives  a  larger  vote  than  the 
other  electors  on  the  same  ticket.  In  1892  Harrison  received  only  1,072 
plurality  in  Ohio  over  Cleveland,  but  James  P.  Seward,  of  Mansfield,  the 
first  elector  on  the  Democratic  ticket,  received  more  votes  than  any  of 
the  Republican  electors  except  the  first  one  on  the  Republican  ticket.  He 
was  therefore  elected  and  Ohio  cast  22  electoral  votes  for  Harrison  and 
one  for  Cleveland,  the  only  time  in  the  history  of  Ohio  when  the  electoral 
vote  of  the  state  was  divided. 

98.  What  three  Ohio  statesmen  served  twenty  years  or  more  each  in  the 
house  of  representatives?  What  United  States  senator  from  Ohio  was 
chosen  for  six  terms?     What  two  served  three  terms  each? 

Joshua  R.  Giddings,  of  Ashtabula,  and  Samuel  F.  Vinton,  of  Gallia, 
each  served  eleven  terms,  or  22  years,  in  the  lower  house  of  Congress,  and 
Charles  H.  Grosvenor,  of  Athens,  ten  terms,  or  20  years.  Giddings  was 
the  only  one  of  these  whose  service  was  continuous  for  the  whole  period. 

John  Sherman,  of  Mansfield,  was  elected  to  six  terms  in  the  U.  S. 
senate,  but  did  not  serve  36  years.  He  began  his  service  in  1861,  but  was 
secretary  of  the  treasury  under  Hayes  from  1877  to  1881.  He  was  returned 
to  the  senate  in  1881  and  continued  in  that  body  until  he  resigned  in  1897 
to  become  secretary  of  state  under  McKinley.  Benjamin  F.  Wade,  of 
Ashtabula,  served  three  terms  in  the  senate,  1851-1869,  and  Benjamin  Ruggles, 
of  Belmont,  three  terms,  1815-1833. 

99.  How  many  presidents  were  natives  of  Ohio?  How  many  were  citizens 
of  Ohio  when  elected?     How  many  are  buried  in  Ohio? 

The  natives  of  Ohio  who  have  been  president,  together  with  counties 
in  which  they  were  born,  were  as  follows:  U.  S.  Grant  of  Clermont,  R.  B. 
Hayes  of  Delaware,  James  A.  Garfield  of  Cuyahoga,  Benjamin  Harrison 
of  Hamilton,  William  McKinley  of  Trumbull,  and  William  H.  Taft  of 
Hamilton. 

The  following  Ohio  citizens  have  been  elected  president:  William 
Henry  Harrison,  R.  B.  Hayes,  James  A.  Garfield,  William  McKinley  and 
W.  H.  Taft. 

William  Henry  Harrison  is  buried  at  North  Bend  in  Hamilton  county, 
R.  B.  Hayes  at  Fremont,  James  A.  Garfield  at  Cleveland,  and  William 
McKinley  at  Canton. 

100.  What  famous  Ohio  statesmen  are  honored  with  statues  in  Statuary  Hall 
in  the  national  Capitol?  Are  any  native  Buckeyes  enshrined  in  the  Hall 
of  Fame  at  New  York? 

Statuary  Hall  is  located  in  the  Capitol  at  Washington.  An  act  of 
congress  passed  in  1864  authorized  each  state  to  place  two  marble  or 
bronze  statues  in  the  hall,  of  deceased  citizens  of  renown.  Ohio  is  rep- 
resented by  statues  of  President  Garfield  and  Governor  Allen.  There  are 
statues  of  two  natives  of  Ohio  representing  other  states  —  George  W. 
Click,  representing  Kansas,  and  Frances  E.  Willard,  representing  Illinois. 
Lewis  Cass,  representing  Michigan,  and  Samuel  J.  Kirkwood,  representing 
Iowa,  formerly  resided  in  Ohio, 


OHIO  INTERROGATION   POINTS.  59 

New  York  University  in  1900  received  $250,000.00  from  an  unknown 
source  to  build  a  Hall  of  Fame.  The  rules  adopted  were  that  150  panels, 
each  two  feet  by  six  feet,  should  be  placed  in  this  hall.  Later  a  Hall  of 
Fame  for  women  was  added  with  space  for  50  panels.  The  names  of  fifty 
noted  men,  deceased  at  least  ten  years,  were  to  be  placed  on  panels  in  the 
beginning  and  five  to  be  added  each  five  years,  the  150  panels  to  be 
filled  by  the  year  2000.  It  was  required  that  each  name  selected  must 
receive  at  least  51  of  the  100  votes  cast.  Only  29  were  selected  on  the 
first  vote.  There  are  now  50  men  and  6  women  honored  by  places  in  this 
hall.  Three  natives  of  Ohio  are  among  the  number:  U.  S.  Grant,  W.  T. 
Sherman  and  Frances  E.  Willard.  Three  others,  Horace  Mann,  Henry 
Ward  Beecher  and  Harriet  Beecher   Stowe,   formerly  resided   in  Ohio. 


OHIO  INTERROGATION  POINTS. 

OHIO  GOVERNORS  FROM  1803  TO  1917. 
Giving  Politics,  Residence,  Date  of  Election  and  Length  of  Term. 

UNDER  CONSTITUTION  OF  1802. 


Politics. 

County. 

Elected. 

Served. 

Democrat    

Democrat    

Democrat    

Democrat    

Democrat    

Democrat    

Democrat    

1803  and  1805.. 

Acting  

1808    

1810  and  1812.. 

Acting  

1814  and  1816.. 
1818  and  1820. . 

Acting  

1822  and  1824.. 
1826  and  1828.. 
1830    

1814 

1818-1822 

Allen    Trimble 

1822 

Democrat    

1822-1826 

1830-1832 

Democrat    

Whig     

Pike 

1832  and  1834.. 
1836  

Democrat    

Whig    

Democrat    

Democrat   

Whig    

Thos.   W.    Bartley 

Mordecai    Bartley 

William   Bebb 

Acting  

Whig    

Butler    

1846  

Whig    

1848  

1&48-1850 

Democrat    

1850  

1850-1852 

UNDER  CONSTITUTION  OF  1851. 


Reuben     Wood 

William   Medill 

William   Medill 

Salmon  P.  Chase 

William  Dennison,  Jr... 

David  Tod 

John     Brough 

Charles   Anderson 

Jacob  D.  Cox 

R.  B.  Hayes » 

Edward   F.   Noyes 

William   Allen 

R.    B.    Hayes 

Thos.   L.  Young 

Richard    M.    Rishop 

Charles    Foster 

George   Hoadley 

J.    B.    Foraker 

James    E.    Campbell 

William  McKinley 

Asa  S.  Bushrell 

Geo.    K.    Nash 

Mvron  T.  Herrick 

John    M.    Pattison 

Andrew  L.  Harris 

Judson    Harmon 

Tames    M.    Cox 

Frank  B.   Willis 

James  M.  Cox 


Democrat    Cuyahoga     .. 

Democrat    I  Fairfield    

Democrat    j  Fairfield    .... 

Republican  Hamilton    ... 

Republican  Franklin    

Republican  Mahoning  ... 

Republican  Cuyahoga    ... 

Republican  Montgomery 

Republican Hamilton    ... 

Republican   [  Hamilton    ... 

Republican  Hamilton     ... 

Democrat    Ross    

Republican  Sandusky    ... 

Republican   I  Hamilton    ... 


Democrat 

Republican 

Democrat    . 

Republican 

Democrat    . 

Republican 

Republican 

Republican 

Republican 

Democrat    . 

Republican 

Democrat    . 

Democrat    . 

Republican 

Democrat    . 


Hamilton 
Seneca  . 
Hamilton 
Hamilton 

Butler    I 

Stark     

Clark    

Franklin  ... 
Cuyahoga  . . 
Clermont     .. 

Preble    

Hamilton  .. 
Montgomery 

Hardin    

Montgomery 


1851   

Acting  

1853  

1855  and  1857 

1859  

1861   

1863   

Acting  

1865  

1867  and  1869 

1871  

1873   

1875   

Acting 

1877  

1879  and  1881 

1883  

1885  and  1887 

1889  

1S91  and  1893 
1895  and  1897 
1899  and  1901 

19(13   

1905  

Acting 

1908  and  1910 

1912   

1914  

1916  


1853-1 S54 
1854-1856 
1856-1860 
1860-1862 
1862-1864 
1864-1.S65 


1866-1868 
1868  1872 
1872-1874 
1874-1876 
1876-1x77 
1877-1878 
1878-1880 


1S84-1-S86 

1886-1890 

1890-1892 

1892-1896 

1X96-1900 

19DO-1904 

1904-1906 

1906 

1906-1909 

1909-1913 

1913-1915 

1915-1917 

1917 


Note:  —  The  acting  governors  under  the  constitution  of  1802  were  Speakers  of  tke  Senate 
who  succeeded  to  the  governorship  to  fill  vacancies  occasioned  by  resignations.  The  acting  gov- 
ernors under  the  constitution  of  1S51  were  lieutenant  governors  who  became  governors  to  fill 
vacancies  caused  by  resignations  and  deaths.  From  1803  to  1851  the  terms  of  office  of  governors 
ended  on  the  first  Monday  of  December.  Under  the  present  constitution  each  term  begins  on  the 
second  Monday  of  January. 


INDEX. 


PAGE 

Abolitionists    in    Ohio 34 

Adair  Liquor  Law 47,  48 

Adjournment     of     General     Assembly     by 

Governor    15 

Admission   of   Ohio,   date  of 9 

Akron  School  Law 36 

Amending   the    Constitution.  .10,   14,   16,   20, 

21,  26,  48 

Appellate  Court  16,  17 

Appleseed,   Johnny   56,  57 

Apportionments,    legislative    13,  14 

Appropriation  bills,   where  may  originate...  15 


PAGE 
..      54 


Debt,  limitations  of  State 

Debt,  maximum  in   State's   history, 

Detroit  treaty  

Direct  primary    

Distilleries,    exempt    from    taxation 

District  Court   16 

Divorces,    how    granted    previous    to    1S51.. 

16,  25,    26 

Dohrman's  Grant  42,  44,    45 

Donation  Tract   42,    43 

Dow  Liquor  Law 47 

Dunkards    55,    56 


.46,    47 


Banks    49,  50 

Biennial   Sessions  of  General  Assembly 13 

Big  Bottom    Massacre 57 

Black  Laws   33,  34 

Blennerhassett    23,  24 

Blue  Jacket  30 

Boquet,  Col.   Henry 56 

Boundary  dispute    23 

Boundary,  southern    23 

Burr's  Conspiracy   23,  24 


Camp  Chase   32 

Canals  38,  39 

Canal  Lands   38,  42,  44 

Capitals  of  Northwest  Territory 7 

Capitals  of  Ohio 24,  25 

Capital  Punishment  16,  18 

Chief  Justices  from  Ohio 57 

Circuit  Court   16 

Cities,  number  in  Ohio 26,  27 

Civil  War  generals 32 

Civil    War    statesmen 32,  33 

Coat  of  Arms 19,  20 

Colleges   36,  37 

College  lands 40,  41,  42,  44 

Commissioner  of  Common   Schools 36 

Common  Law   17 

Common  Pleas  Court 15-17 

Common   Schools,  proportion  of  taxes  for..  36 

Compulsory   school   law,    first 35 

Congress  Lands   42 

Constitutional   Conventions    9-11 

Cooke,  Jay  83 

Cornstalk   29 

Counties,   how   created 27 

Counties,  largest  and  smallest 27 

Counties,    oldest    and    youngest 27 

County  officers,  when   made  elective 12 

County  officers  limited  to  two  terms  in  suc- 
cession     28 

Crawford,  Col.  William 67 


Education  33-37,  40,  41 

Election  7,  8,  10-13,  26,  57,  58 

Electoral  vote,  division  of 58 

Electrocutions    18 

Executions,  public  18 


Fallen  Timbers  56 

Father  of  Internal  Improvements 38 

Father  of  National  Road 39,  40 

Federal  prisons  in  Ohio 32 

Fire  Lands  42,  43 

Floods  in  Ohio 55 

Forts  in  Ohio 7 

Ft.  Ancient  37 

Ft.  Industry  Treaty 28 

French  Grant  42,  44 

Frost  in  June 55 

Fugitive  Slave  Cases  in  Ohio 34 


General   Assembly,  membership  of 13 

Gnadenhutten   56 

Governor,    first    11 

Governor,  first  native 22 

Great  Seal  of  Ohio 7 19,  20 

Greenville  Treaty   28 


Habeas  Corpus,  writ  of. 

Hall  of  Fame 

Highest  Land  in  Ohio.. 
Holidays    in    Ohio 


I 

Impeachment  of   State   officers 12 

Imprisonment  for  debt 18 

Incorporation,   Articles   of,  how   issued.. 25,  26 

Indebtedness,   State  and   local 54,  55 

Indian   Chiefs   28-30 

Indian  Tribes 29 


(61) 


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